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Full text of "Journal of the Senate of the General Assembly of the state of North Carolina at its .."

Digitized by the Internet Archive 
in 2013 



http://archive.org/details/journalofsenateo19nort_8 



JOURNAL 

OF THE 

SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



SESSION 

1993 



■IOUSB 
m * 8 J994 



This publication is printed on permanent, acid-free paper <7Qi 

in compliance with the General Statutes of the State of North Carolina, w 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

GENERAL ASSEMBLY 
SESSION 1993 

DENNIS A. WICKER, President Sanford 

MARC BASNIGHT, President Pro Tempore Manteo 

R. C. SOLES, JR. , Deputy President Pro Tempore Tabor City 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR. , Reading Clerk Wendell 

CECIL GOINS, Sergeant-at-Arms Raleigh 

DISTRICT NAME OF SENATOR CITY of RESIDENCE 

1 MARC BASNIGHT Manteo 

2 FRANK W. BALLANCE, JR Warrenton 

3 BEVERLY M. PERDUE New Bern 

4 JOHN CODINGTON Wilmington 

5 CHARLES W. ALBERTSON Beulaville 

6 R. L. MARTIN Bethel 

7 LUTHER HENRY JORDAN, JR Wilmington 

8 JOHN KERR Goldsboro 

9 ED N. WARREN Greenville 

10 ROY A. COOPER III Rocky Mount 

11 JAMES D. SPEED Louisburg 

12 FRED FOLGER, JR Mount Airy 

A. P. SANDS III Reidsville 

13 WILBUR P. GULLEY Durham 

* RALPH A. HUNT Durham 

14 JOSEPH E. JOHNSON Raleigh 

J. K. SHERRON, JR Raleigh 

15 ELAINE MARSHALL Lillington 

16 HOWARD N. LEE Chapel Hill 

RUSSELL G. WALKER Asheboro 

17 J. RICHARD CONDER Rockingham 

AARON W. PLYLER Monroe 

18 R. C. SOLES, JR Tabor City 

19 ROBERT G. SHAW Greensboro 

20 IAN THEODORE KAPLAN Winston-Salem 

MARVIN WARD Winston-Salem 

21 GEORGE B. DANIEL Yanceyville 

22 FLETCHER L. HARTSELL, JR Concord 

23 PAUL S. SMITH Salisbury 

24 LURA S. TALLY Fayetteville 

25 DAVID HOYLE Dallas 

26 AUSTIN M. ALLRAN Hickory 

27 DONALD R. KINCAID Lenoir 

DAN R. SIMPSON Morganton 

28 HERBERT LEE HYDE Asheville 

DENNIS J. WINNER Asheville 

29 CLARK PLEXICO Hendersonville 

30 DAVID R. PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 MARY P. SEYMOUR Greensboro 

33 JAMES F. RICHARDSON Charlotte 

34 T. L. ODOM Charlotte 

35 JOHN GERALD BLACKMON Charlotte 

36 LINDA GUNTER Cary 

37 OLLIE HARRIS Kings Mountain 

38 BETSY L. COCHRANE Advance 

39 JAMES FORRESTER Stanley 

40 LESLIE WINNER Charlotte 

41 C. R. EDWARDS Fayetteville 

42 ROBERT C. CARPENTER Franklin 



(See Appendix for Senatorial Districts) 
•Resigned July 24, 1993 



SENATE JOURNAL 

FIRST SESSION 1993 

FIRST DAY 

Senate Chamber, 
Wednesday, January 27, 1993. 

In accordance with law, as set forth in the Constitution of the State of North Carolina 
and G.S. 120-11.1, the Senate of the General Assembly of North Carolina assembles 
this day, at the hour of 12:00 Noon, in the Senate Chamber of the Legislative Building in 
the City of Raleigh. 

The Honorable Dennis A. Wicker, Lieutenant Governor, calls the Senate to order. 

The President extends courtesies of the floor to the husbands, wives, and invited guests 
of the Senators-elect and requests that they be seated beside their spouse or host. 

The Chair recognizes the Sergeant-at-Arms of the 1991 Session of the General 
Assembly who announces the arrival of members of the Supreme Court of North 
Carolina, the North Carolina Court of Appeals, and the Superior Court of the General 
Court of Justice of North Carolina, at the doors of the Senate. The President directs the 
Sergeant-at-Arms to open the doors of the Senate and escort the members of the 
Judiciary, present, to their seats. 

The Chair recognizes the Sergeant-at-Arms who announces the arrival of the Chapel 
Hill High School Vocal Ensemble, The Opposites Attract , at the doors of the Senate. 
The President directs the Sergeant-at-Arms to open the doors of the Senate and escort 
the members of the Vocal Ensemble to the Well. The President expresses appreciation 
to the group for the program of music rendered prior to the convening of the Session and 
for their participation in the remainder of the opening ceremonies. (See Appendix) 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"God of Grace and God of Wisdom, the beginning of this Session of the Legislature is 
much like the beginning of a new year at school: new faces mixed with very familiar 
faces; fresh notebooks with names and committee rooms neatly written on the inside 
front cover; ideological mindsets anticipating the great opportunities and challenges that 
lie ahead. 

"When the curriculum is chosen, the syllabi are distributed and the great volume of 
work is projected, allow perseverance to emerge from enthusiasm, dedication from 
ambition, wisdom from intelligence, so that at the end of every day, the Lieutenant 
Governor, each Senator and every staff member may say on behalf of the people of our 
great State of North Carolina, 'I have done justice, acted kindly, and walked humbly 
with You, O God.' Amen." 

PRESENTATION OF THE COLORS 

The Chair orders the Sergeant-at-Arms of the 1991 Session to open the doors of the 
Chamber for the presentation of the Colors by the Color Guard of the Pinecrest Air Force 
Junior ROTC from Southern Pines, North Carolina. Led by the Lieutenant Governor, 
the Senators-elect, distinguished guests, and all those present remain standing and 
pledge allegiance to the United States of America. (See Appendix) 

The Chapel Hill High School Vocal Ensemble leads the National Anthem. The Chair 
dismisses the Color Guard which recesses from the Senate Chamber, followed by the 
vocal ensemble. 



January 27, 1993 



SENATE JOURNAL 



[Session 



The Chair directs the Reading Clerk of the 1991 Session to call the roll by Senatorial 
District and the following Senators-elect appear with the proper certificates of election 
received from the Secretary of State, The Honorable Rufus Edmisten: 



First District 
Second District 
Third District 
Fourth District 
Fifth District 
Sixth District 
Seventh District 
Eighth District 
Ninth District 
Tenth District 
Eleventh District 
Twelfth District 

Thirteenth District 

Fourteenth District 

Fifteenth District 
Sixteenth District 

Seventeenth District 

Eighteenth District 
Nineteenth District 
Twentieth District 
Twenty-first District 
Twenty-second District 
Twenty-third District 
Twenty-fourth District 
Twenty-fifth District 
Twenty-sixth District 
Twenty-seventh District 
Twenty-eighth District 

Twenty-ninth District 
Thirtieth District 
Thirty-first District 



Marc Basnight 

Frank W. Ballance, Jr. 

Beverly M. Perdue 

John B. Codington 

Charles W. (Charlie) Albertson 

R. L. (Bob) Martin 

Luther H. Jordan, Jr. 

John H. Kerr 

Edward N. (Ed) Warren 

Roy (Coop) Cooper, III 

James D. Speed 

Fred Folger, Jr. 
Alexander P. Sands, III 

Wilbur P. Gulley 
Ralph A. Hunt 

Joseph E. (Joe) Johnson 
J. K. Sherron, Jr. 

Elaine Marshall 

Howard N. Lee 
Russell G. Walker 

J. Richard Conder 
Aaron W. Plyler 

R. C. Soles, Jr. 

Robert G. (Bob) Shaw 

Marvin Ward 

George B. Daniel 

F. L. Hartsell, Jr. 

Paul S. Smith 

Lura S. Tally 

David Hoyle 

Austin M. Allran 

Donald R. Kincaid 

Herbert L. Hyde 
Dennis J. Winner 

Clark Plexico 

David R. Parnell 

William N. (Bill) Martin 



January 27, 1993 



1993] 



SENATE JOURNAL 



Thirty-second District 
Thirty-third District 
Thirty-fourth District 
Thirty-fifth District 
Thirty-sixth District 
Thirty-seventh District 
Thirty-eighth District 
Thirty-ninth District 
Fortieth District 
Forty-first District 
Forty-second District 



Mary P. Seymour 

James F. (Jim) Richardson 

T. L. (Fountain) Odom 

John G. Blackmon 

Linda Gunter 

Ollie Harris 

Betsy L. Cochrane 

James Forrester 

Leslie Winner 

C. R. Edwards 

Robert Carpenter 



The President of the Senate recognizes the Honorable Sarah Elizabeth Parker, 
Associate Justice of the Supreme Court of North Carolina, who administers the following 
oath of office, to which those present respond and subscribe: 

"I do solemnly swear or affirm that I will support the Constitution and laws of the 
United States; and I do solemnly and sincerely swear or affirm that I will be faithful and 
bear true allegiance to the State of North Carolina, and to the constitutional powers and 
authorities which are or may be established for the government thereof; and that I will 
endeavor to support, maintain, and defend the Constitution and laws of said State, not 
inconsistent with the Constitution of the United States, to the best of my knowledge and 
ability; and I do solemnly and sincerely swear or affirm that I will faithfully discharge the 
duties of my office as a member of the Senate of the 1993 General Assembly of the State 
of North Carolina to the best of my knowledge and ability, so help me, God." 

With forty-eight Senators responding to the call of the roll, the President declares a 
quorum of the Senate present. 

The President directs the Reading Clerk of the 1991 Session to read: 

NORTH CAROLINA GENERAL ASSEMBLY 

Senate Chamber 

State Legislative Building 

Raleigh 27611 

January 27, 1993 

TO: THE HONORABLE DENNIS A. WICKER 

PRESIDENT OF THE SENATE 

FROM: SENATOR- ELECT TED KAPLAN 

RE: ABSENCE UPON CONVENING 

THIS IS TO INFORM YOU THAT I WILL BE UNABLE TO ATTEND THE 
CONVENING OF THE SENATE OF THE 1993 GENERAL ASSEMBLY DUE TO 
THE FACT THAT DEANNA AND I ARE AWAITING THE ARRIVAL AT ANY 
MOMENT OF OUR THIRD CHILD. 

IT IS MY INTENTION TO APPEAR TO ASSUME MY SEAT ON MONDAY, 
FEBRUARY 1, 1993. 

MY VERY BEST WISHES TO THE MEMBERSHIP OF THE SENATE AND ITS 
LEADERSHIP AS WE BEGIN THIS SESSION. 



January 27, 1993 



8 SENATE JOURNAL [Session 

NORTH CAROLINA GENERAL ASSEMBLY 

Senate Chamber 

State Legislative Building 

Raleigh 27611 

January 27, 1993 

TO: THE HONORABLE DENNIS A. WICKER 

PRESIDENT OF THE SENATE 

FROM: SENATOR-ELECT DANIEL R. SIMPSON 

27TH SENATORIAL DISTRICT 

RE: ABSENCE UPON THE CONVENING OF 1993 SESSION 

MR. PRESIDENT, THIS IS TO ADVISE YOU THAT DUE TO AN UNEXPECTED 
SHORT HOSPITALIZATION, I WILL BE UNABLE TO BE PRESENT ON 
JANUARY 27 WHEN THE SENATE CONVENES AT 12:00 NOON. 

MY INTENTION IS TO BE PRESENT ON MONDAY, FEBRUARY 1, FOR THE 
CONVENING OF THAT SESSION TO ASSUME MY SEAT. 

PLEASE EXPRESS MY SINCERE REGRETS TO MY COLLEAGUES ALONG WITH 
MY CONGRATULATIONS AND BEST WISHES. THANK YOU. 

The Chair directs the Sergeant-at-Arms to escort the Honorable Sarah Elizabeth 
Parker, Associate Justice of the Supreme Court of North Carolina, to the House of 
Representatives as she is participating in the opening ceremonies in that Honorable 
Body. 



REMARKS BY THE LIEUTENANT GOVERNOR 

"At this time the Chair would like to make a few remarks to the Senators and guests. 
Members of the Senate and distinguished guests, I want to welcome everyone to Raleigh, 
especially the new Members as we convene for this, the 140th, opening of the North 
Carolina General Assembly. 

"I want to express my appreciation to all the Senators for their help during my transi- 
tion. I have had a number of productive discussions with many of you during that period, 
and I am promising all the Members to put forward my best effort so that I do not convene 
this Body when I say, 'Will the House come to order.' 

" Seriously, I am honored to be before you as your new Lieutenant Governor. I come to 
the Office with a great deal of respect for this Body. Your past accomplishments have 
served our people well, and I mean that with all sincerity. I am, also, sincere in stating 
that, as your Lieutenant Governor, I come here as a friend and a team player who simply 
wants to do all I can to help you and to help our people. 

"We gather at a time when nearly one million of our citizens do not have health care 
insurance; when nearly twenty percent of our children are growing up in poverty in this 
State, and when nearly a quarter of our people are functionally illiterate. Those are but a 
few of the major problems we face. Our needs are great, but our resources are limited. 
Tough decisions lie ahead. 

"One limited resource, in particular, is the patience and trust of the people who elected 
you and me . They are tired of government gridlocked in inaction . They want to see their 
government work, and work for them. As Lieutenant Governor, I am here to work with 
you so together we can restore people's confidence in their State government. I want to 
be a facilitator in moving your agenda. From my vantage point, I can help identify the 
common ground and build consensus so that many of the good ideas that come from this 
Body aren't smothered in politics and partisanship. 



January 27, 1993 



1993] SENATE JOURNAL 9 

"I want to now briefly outline to you what I believe the role of a Lieutenant Governor's 
Office should be. Let me hasten to add that I welcome scrutiny — I really do — because I 
have set high goals for this Office. As Lieutenant Governor, and as a member of the 
Executive Branch, I will be a spokesperson for our Governor. And in the very near 
future, Governor Hunt will be specifically spelling out my duties and pushing our agenda. 
Because of where I've been, I also feel that I can be a bridge between the two Legislative 
Bodies. Our relationship of trust and positive understanding is healthy; let us be 
independent and autonomous, but also together to the good and great cause of helping 
our 6.7 million constituents. Third, I see my role as Lieutenant Governor as being a 
policy troubleshooter, identifying the problems and offering solutions. I have specific 
plans to offer regarding small business health care, work force preparedness, and drunk 
driving legislation. I welcome your input on these proposals as we put forward them for 
debate. 

"In closing, let me say that this is an exciting time for our country and our State, as we 
have new leadership in the White House and in the Governor's Mansion. Our challenge 
here is to work together to have a cooperative relationship so that we can serve the inter- 
ests of, not the political parties or ambitious politicians, but the people of our State. It 
was John F. Kennedy who said that no government is better than the men who compose 
it. I would only add the word, 'woman,' to that thought. Otherwise, it rings true. The 
good we provide our State has only the limits of our own good in working together. 

"Members of the Senate, along with the Senate leadership, I humbly offer this Body 
my services. I am here to assist you whenever and wherever possible. My staff is also 
eager and ready to help you. I look forward to starting our work together as we serve the 
people of our great State. Thank you very much!" 

The President extends courtesies of the floor to former members of the Senate, as 
follows: Rachel G. Gray, from Guilford County; Joseph J. Harrington, from Bertie 
County; R. P. "Bo" Thomas, from Henderson County; Wendell H. Murphy, from 
Duplin County; Laurence A. Cobb, from Mecklenburg County; Clarence E. Lightner, 
from Wake County. Courtesies of the floor are extended to Ralph Campbell, newly- 
elected North Carolina State Auditor. 

The President expresses appreciation to the Justices and Judges of the General Court of 
Justice for their participation in today ' s opening ceremonies and extends courtesies of the 
floor to the Honorable Willis P. Whichard, Associate Justice of the Supreme Court of 
North Carolina; the Honorable Henry E. Frye, Associate Justice of the Supreme Court 
of North Carolina; the Honorable Sidney S. Eagles, Judge of the North Carolina Court of 
Appeals, the Honorable Thomas S. Watts, Senior Resident Judge of the 1st Judicial 
District of the Superior Court of the General Court of Justice ; and the Honorable William 
C. Gore, Jr. , Senior Resident Judge of the 13th Judicial District of the Superior Court of 
the General Court of Justice. 

The President extends courtesies of the floor and gallery to the families , friends , and 
guests of the Senators and to all visitors. 

ADOPTION OF RULES 

Senator Sands offers a motion that the Rules of the 1991 Senate be adopted as the 
temporary Rules of the 1993 Senate with the exception of Rules 32, 34, 41, 41.1, 42, 
42.1, 42.5, and 72 which are rewritten to read as follows: 

RULE 32. List of standing/select committees. — (a) The standing 
committees shall be: 

Agriculture, Marine Resources, and Wildlife 
Appropriations 

Appropriations on Department of Transportation 
Appropriations on Education 
Appropriations on General Government 



January 27, 1993 



10 SENATE JOURNAL [Session 

Appropriations on Human Resources 
Appropriations on Justice and Public Safety 
Appropriations on Natural and Economic Resources 

Banks and Thrift Institutions 

Capital Expenditures 

Children and Human Resources 

Constitution and Election Laws 

Economic Development 

Education/Higher Education 

Environment and Natural Resources 

Finance 

Insurance 

Judiciary I 

Judiciary II 

Local Government and Regional Affairs 

Manufacturing and Labor 

Pensions and Retirement 

Public Utilities 

Rules and Operation of The Senate 

State Personnel and State Government 

Transportation 

Ways and Means 

(b) A select committee shall be: 

Government Performance Audit Committee. 

RULE 34. Membership of committees; quorum. — Membership on 
standing committees shall consist of not more than 20 nor less than 5 Senators , including 
the chairman and vice-chairmen and ranking minority member; provided that the 
Appropriations Committee and Finance Committee shall not be limited as to member- 
ship. The President Pro Tempore shall have the exclusive right and authority to deter- 
mine the number of members of each committee . Except as agreed upon by the President 
Pro Tempore and the Minority Leader, membership of each standing committee shall, 
with respect to each political party, be in the same proportion to the nearest whole person 
as the proportion of membership by political party to that of the entire Senate. No 
Senator shall hold membership on more than 12 standing committees unless the 
committee on Rules and Operation of The Senate provides otherwise. 

A quorum of the Appropriations, Ways and Means, and Finance Committees 
shall consist of a majority of the committee. A quorum of any other committee shall 
consist of either the chairman and 5 members or a majority of the committee, whichever 
is fewer. 

RULE 41. (Reserved) 

RULE 41.1. Relationship between Ways and Means Committee 
and other committees dealing with money matters; relationship between 
these other committees dealing with money matters. — In those instances 
specified herein, the Committee on Ways and Means shall have responsibility for final 
consideration of bills dealing with money matters before the bills are considered on the 
floor of the Senate. Upon the agreement of a chairman of any two of the following 
committees: Appropriations, Capital Expenditures, Finance, and Ways and Means, 
any bill which is reported favorably from the Committee on Appropriations, the 
Committee on Capital Expenditures, or the Committee on Finance shall be re-referred 
by the Presiding Officer to the Committee on Ways and Means for consideration. Bills 
referred to the Committee on Appropriations pursuant to Rule 43 may be referred by the 
Chairman of the Committee on Appropriations to the Appropriations Committee on the 



January 27, 1993 



1993] SENATE JOURNAL 1 1 

Department of Transportation, the Appropriations Committee on Education, the 
Appropriations Committee on General Government, the Appropriations Committee on 
Human Resources, the Appropriations Committee on Justice and Public Safety, or the 
Appropriations Committee on Natural and Economic Resources for a report back to the 
Committee on Appropriations. 

RULE 42. Reference of appropriation, capital expenditure, and 
finance bills. — (a) All bills introduced in the Senate providing for appropriations from 
the State, or any subdivision thereof, except as provided for in subsection (b) of this rule, 
shall, before being considered by the Senate, be referred to the Committee on 
Appropriations, and bills referred to other committees carrying any such provisions shall 
be reported to the Senate as being bills to be referred to the Appropriations Committee 
before proper action may be taken by the Senate. 

(b) All bills introduced in the Senate providing for capital expenditures from 
the State, or any subdivision thereof, shall, before being considered by the Senate, be 
referred to the Committee on Capital Expenditures, and bills referred to other commit- 
tees carrying any such provisions shall be reported to the Senate as being bills to be 
referred to the Capital Expenditures Committee before proper action may be taken by the 
Senate. 

(c) All bills introduced in the Senate providing for bond issues, imposing fees 
payable to the State, its agencies, its licensing boards, or any of its subdivisions, levying 
taxes, or in any manner affecting the taxing power of the State or any subdivision 
thereof, shall, before being considered by the Senate, be referred to the Committee on 
Finance, and bills referred to other committees carrying any such provisions shall be 
reported to the Senate as being bills to be referred to the Finance Committee before 
proper action may be taken by the Senate. 

(d) This rule shall not apply to bills imposing civil penalties, criminal fines, 
forfeitures, or penalties for infractions. 

RULE 42.1. Fiscal notes. — (a) A chairman or vice-chairman of the 
Appropriations Committee, or of the Capital Expenditures Committee, or of the Finance 
Committee, or of the Rules Committee, or of the Ways and Means Committee, upon the 
floor of the Senate, may request that a fiscal analysis be made of a bill, resolution or an 
amendment to a bill or resolution which is in the possession of the Senate and that a fiscal 
note be attached to the measure, when in the opinion of that chairman or vice-chairman 
the fiscal effects of that measure are not apparent from the language of the measure. No 
bill for which a fiscal note has been requested may be considered for passage prior to the 
fiscal note being attached to the bill. 

RULE 72. Assignment of seats; offices. — (a) The President Pro 
Tempore of the Senate shall assign seats in the Senate Chamber to the members elected. 
In making such assignments, each member elected to the immediate preceding session of 
the Senate shall be entitled to the seat occupied by him or to his selection of any other seat 
vacated. The President Pro Tempore, when assigning seats, shall give preferential 
consideration to the respective members according to the length of service which each 
member has rendered in the Senate. No incumbent appointed to fill an unexpired term in 
the immediate preceding session shall retain the seat if requested by a Senator elected to 
said session. 

(b) Not later than two weeks after the initial committee assignments become 
final, the President Pro Tempore of the Senate is authorized to make assignments of 
committee rooms and offices to designated committees, chairmen, and members of the 
Senate. In making such assignments of individual offices, the President Pro Tempore, 
may give preferential consideration to the respective members according to the length of 
service which each member has rendered in the Senate. 

The motion of Senator Sands prevails and the Chair declares the temporary Rules of 
the 1993 Session adopted. 



January 27, 1993 



12 SENATE JOURNAL [Session 

ELECTION OF OFFICERS 

The President announces the Senate ready to proceed with the election of officers, and 
declares the floor open to nominations for President Pro Tempore, pursuant to Article II, 
Section 14(1) of the North Carolina Constitution. 

The President recognizes Senator Daniel of Caswell, and grants him permission to 
approach the Well of the Senate where he offers the following remarks: 

"Mr. President, our Justices, colleagues, family members, guests all, this is a very 
special time for all of us: a day when we have the privilege of taking our Oath of Office as 
representatives of our Senatorial Districts; a day when we join together as members of 
this august Body, the North Carolina State Senate; and a very special day when we have 
the honor of electing those who will lead us. I know we all have high hopes for this 
Session. It is anticipated that this Session will be the best and most successful in recent 
memory. 

"Along with that anticipation comes the reality that in order for that to happen, we 
must have strong and steady leadership at the helm. And I believe Marc Basnight to be 
that leadership. Noted for his consensus-building ability over his past four terms in the 
Senate, for his fairness, for his belief that hard work and teamwork are the foundation 
for making a difference. I am confident that he is the individual for the job in 1993. Over 
the last few years I have learned more and more about this fellow from the east, or this 
man from Manteo. Senator Conder and I had to struggle through living with him for the 
last two years. I learned that he loves all people, and all people love him. The five-hour 
trip that generally would take a normal person to come from Manteo to Raleigh turns out 
to be a day's journey, because he spends his time all along the way stopping at those little 
nooks and crannies. And for that reason, he's just walked into his fifth term while the 
rest of us had to run for our political lives. 

"He is a man of complexity and simplicity — a complexity found in his soul-felt 
concerns about what is right and wrong for this nation and this State and her people, and 
what steps and strategies which can and must be taken to create a better life for all. But 
this complexity is ever hidden behind that devilish grin, behind that disarming and 
charming honesty of spirit and courage. A man of simplicity in the genuine caring and 
understanding that he has shown in his leadership role; in fighting for equitable treatment 
and attention to all areas of the State and all people of the State. Especially, as he has 
initiated and led the battle for low wealth and small school systems and our children. 

"Marc Basnight cares about equal treatment, about equality, especially in education 
and keeping the playing field level for every child. He understands the very real fact that 
our little people of today are the fiber that will make tomorrow what he and all of us in this 
room desire. A better time for a better place and something that we all can be proud of. 
Governor Hunt's inaugural address dedicated his administration to the cause of better 
educating North Carolina's children. Now we in the General Assembly have the oppor- 
tunity to select a champion of this cause. Marc Basnight is this leader. He's at the head 
of the class. Whether looking to education, economic development, or the environment, 
he believes these are not simply regional issues, but state-wide issues and that it will take 
all of us pulling together to get the best job done. But there must be a unity of purpose for 
what is good is good for all. Or they might say down in his coastal home town, a rising 
tide lifts all the boats. 

"Marc is a true and faithful product of this unique region, the Outer Banks, that area 
of our State that has a heritage of consistently rising to meet the clarion call for 
leadership. Those are his roots, with history at every turn. This is his heritage — a 
heritage inspired by the sets of daring and pride brought to us from our mother country as 
the first settlers reached this shore and strived to call it home. A heritage formed by the 
very subtle twist of nature that battled the coastal area, but instilled in his people a sense 
of sheer and keen determination and a high degree of self-sufficiency. A heritage driven 
by the same forces of energy and renewal that we are seeing today in our nation, reaching 
beyond the far, far horizons to a new day, a new hope, and a new dedication to a future. 



January 27, 1993 



1993] SENATE JOURNAL 13 

"Four hundred years ago, the leadership encouraged that Sir Walter Raleigh and John 
White settle this area of our State. In the 1870's came the lighthouses to warn and guide 
those brave enough to weather the storms and keep the ship captains on course. Then 
came the leadership of John Allen Midgette and those courageous local residents serving 
as lifesavers, devoting themselves to heroism for rescuing passengers and crews and 
troubled vessels which sustained the settlement of this area. And then, at the turn of this 
century, Wilbur and Orville Wright reached beyond their far horizon to a new day, to a 
new hope, and to a new dedication to a future, is this spirit of the area that is deeply 
rooted in its people and its native son, Senator Marc Basnight. He has fought hard to 
keep this heritage and sense of history intact, standing fast to protect this coastal area, 
her beauty, lighthouses, lifesaving stations, and a reputation which gives this State the 
pride in being "First in Flight, " to preserve history and remind us all that, like the Wright 
Brothers, we should dare to dream. 

"What was different about Raleigh, White, Midgette, and the Wright Brothers? Why 
did their dreams come true when others failed? My friends, the difference was persever- 
ance, the certainty that it could be done, and the courage and boldness in making the 
attempt. In this man from Manteo, I see the same characteristics, the same deter- 
mination, the same strength of character, the certainty of direction that can bring us all 
together to strive to stay on course, weather the forces of change, and build on that 
important thread of partnership of purpose. 

"So, ladies and gentlemen, in the tradition of this Body, it is my deep honor to place in 
nomination the name of my dear friend and colleague for the Office of President Pro 
Tempore of the North Carolina Senate, Senator Marc Basnight." 



The President recognizes Senator Hunt of Durham, and grants him permission to 
approach the Well of the Senate where he offers the following remarks: 



"Mr. President, ladies and gentlemen of the Senate, distinguished guests, visitors and 
friends. It is indeed a pleasure for me to stand here today and second the nomination of 
Senator Basnight as President Pro Tern of the North Carolina Senate. Anticipating the 
thoroughness of the speech given by Senator Daniel in making the nomination, I 
pondered the question of what would be left that someone else might be able to say. I 
would simply say that Senator Basnight is a visionary, whose vision it is to see North 
Carolina at its best, to see North Carolina be all that it can be. We are a State where 
reports have classified our school districts as 'good, fair, and poor. ' 

"As our leader, Senator Basnight will work hard to bring forth the day when there will 
be no more 'poor' school districts, no more 'fair' school districts. Instead, we look 
forward to the day when we will have either all 'good' school districts or 'excellent' 
school districts. In North Carolina we have low income, moderate, medium, and high 
income individuals and families. Senator Basnight longs for and will work for the day 
when all of our citizens can afford adequate shelter, proper nutrition, affordable health 
care. All of this, along with a good chance for a solid education. 

"North Carolina is inhibited by Protestants, Catholics, Jews, gentiles, and others. 
Senator Basnight wants all citizens in North Carolina to be recognized, with a view of 
sectarian neutrality. Living here in North Carolina are white people; black people; red, 
yellow, and brown people (laughter); and perhaps an alien or two of different color 
(laughter) . Our nominee envisions the day when we all will interact with colorblind 
vision. Senator Basnight longs for the time when all gender biases will have been swept 
away. He has worked hard, and will continue to work in a diligent manner to bring about 
the day when this great State will truly live out the meaning of its motto, 'To Be, Rather 
Than To Seem.' 

"Ladies and gentlemen of the Senate, please join with me in support of Senator 
Basnight' s candidacy for the position of President Pro Tern of the North Carolina 
Senate." 



January 27, 1993 



14 SENATE JOURNAL [Session 

The President recognizes Senator Perdue of Craven, and grants her permission to 
approach the Well of the Senate where she offers the following remarks: 

"Mr. President, honored guests, and families assembled here on this great day for 
North Carolina. I consider it an honor and a privilege to stand before you today to speak 
to the nomination of Marc Basnight as President Pro Tern of this great Body. Senators 
Daniel and Hunt have already laid out for you so well Marc's many qualifications for this 
job. I echo their sentiments wholeheartedly. He is our friend and he will be a great 
leader for us. 

"I first met Marc Basnight about ten years ago when he was serving as a DOT Board 
member. At that time, as he should, he focused mostly on eastern North Carolina, my 
home. He was committed to doing every single thing that he could do to make our area, 
which is so poor, grow and prosper. But during the years that I have known Marc, I have 
watched him change. I've watched him move to an understanding that what is good for 
the East must also be good for the Piedmont and the West, and that North Carolina, as a 
whole, must be, and is, his focus. That is the Marc Basnight of today. 

"He knows, as do the members of this great Body, that leadership is the key ingredient 
for the stability of government, and is the primary vehicle for the progressive change we 
so badly need in this great State. This year will be a challenge for all of us, as we pay 
great attention to a public who is asking and, even demanding, positive, progressive 
leadership. Marc Basnight will, and can, provide that leadership during what I believe 
will be the most exciting and the most challenging Session ever in the history of this Body. 
All that we members here have to do is simply catch his vision. Senator Marc Basnight 
has the ability and the desire to lead North Carolina back into her proper place in this 
great country. 

"Marc believes in the American dream that we can all succeed if we try. He is living 
proof that the American dream can happen to any North Carolina boy or girl. He is 
committed to making that dream a reality for every man and woman and child in our 
State, and Marc Basnight also believes in the greatness of North Carolina. He has the 
willingness to do whatever it takes to make her and keep her great. That, too, is our 
challenge. We must catch that vision for North Carolina. 

"It is a true pleasure and an honor for me to stand here today and to complete this 
nomination of the gentleman from Dare County whom I call friend, just as you do. I 
would like for you to join me in voting unanimously for him. Thank you." 

By Senator Sands: 

"Mr. President, I move that the nominations be closed and that Senator Marc 
Basnight be elected by acclamation as the President Pro Tempore of the 1993 Session of 
the North Carolina Senate." 

The motion offered by Senator Sands that the nominations be closed and that Senator 
Marc Basnight of Dare be elected President Pro Tempore of the 1993 Senate by 
acclamation prevails. 

Being declared duly elected, the President appoints Senator Martin of Pitt, Senator 
Lee of Orange, Senator Plyler of Union, and Senator Winner of Buncombe to escort the 
President Pro Tempore-elect, Senator Basnight, to the Well of the Senate. Senator 
Martin of Pitt addresses the Chair and presents the President Pro Tempore-elect, Marc 
Basnight. 

The Chair directs the Sergeant-at-Arms to escort the wife of the President Pro 
Tempore-elecX, Sandy Basnight, to the Well of the Senate where she joins Senator 
Basnight as he receives the prescribed oath of office. The Honorable Thomas S. Watts, 
Senior Resident Judge of the First Judicial District of the Superior Court of the General 
Court of Justice of North Carolina, administers the prescribed oath of office. 

The President recognizes Senator Basnight, President Pro Tempore, who addresses 
the membership from the Well of the Senate and offers the following remarks: 



January 27, 1993 



1993] SENATE JOURNAL 15 

"Thank you. Lieutenant Governor, Members of the Senate, distinguished guests, my 
family, and my friends. It is with a deep sense of gratitude that I accept the Office of 
President Pro Tempore of the North Carolina Senate. And before speaking to that, I had 
a great deal of reservation as I awaited this opportunity because I knew who was making 
the nomination speech, a long-time roommate, friend, sharer of bathroom, and more 
dangerously so, a person who has been in my District and spent some time recently. 
George, you mean a great deal to me, as does Ralph, and Beverly, and those who 
escorted me to the Well of the Senate. 

"And equally as much, each and every one of you Members, mean a great deal, not 
just to Marc Basnight and the Office of which you have elected him to, but you mean a 
great deal to the people of this State , which is far greater than what this Office is and what 
it will speak to. Obviously, I am honored by your action and I shall strive to make you 
proud of myself, as well as the Office. 

"The Senate of which we are a part today is very different than the one, Richard, that 
we joined eight years ago. Then its Members were characterized by their uniformity. 
Today we are distinguished by our diversity. We are more a true representation of North 
Carolina, and we are better by it. Each of us has traveled a different path to reach here 
today, and each of us has arrived at this moment shaped by unique experiences. And 
each of us has come here with something of true value — our individuality and our 
commitment. I urge each of you to especially, and especially you new Members, to hold 
tight to these very precious commodities. 

"Those of you who take your seats here today for the first time are filled with great 
hopes and ambitions to move North Carolina forward. Those of us who are continuing 
our service have great hopes and ambitions for you. Your fresh ideas and new perspec- 
tives are a valuable asset to this Body. I want you to remember that we all are equal 
partners in this process. I hope you will guard your independence and never lose your 
sight of the goals that brought you here today as a Member of this Senate and this Body. 
A few minutes ago, when you elected me President Pro Tempore, you chose me to lead 
you, you did not choose me to dictate to you or to make decisions for you on your behalf. 

"Our strength lies in the diversity of knowledge. The experiences and ideas we bring 
to bear on the problems and issues that face us together jointly . I will do my best work for 
you and with you. I will do what is in your best interest, as well as all the people of this 
State. Together we can forge solutions to these problems. Together we can make a 
better North Carolina, and together we will make a better North Carolina! 

"There is not one of us among this group today, Member or visitor, who has not argued 
and debated, worried and fretted about how to make North Carolina a better place for all 
her citizens. Sadly, it is a problem for which we have yet to find a solution. North 
Carolina is a land blessed by a variety of natural gifts and unrivaled beauty. This is one 
of her greatest assets; it is one of her greater strengths. For North Carolina is also a land 
varied in the quality of opportunities available to her citizens. That is one of her greatest 
weaknesses. We must do everything in our power to correct that weakness. We must 
guarantee that the possibilities of a lifetime are not limited by an accident of geography. 
We speak continuously of the 'Year of the Child. ' We speak continuously of opportunity 
for all people , but it is time to stop speaking and start acting in offering solutions to the 
very problems that are real and facing our citizens as they are children today. 

"When a child arrives in class on the first day of school unprepared to face the chal- 
lenges and opportunities that await him, we have failed. We have failed not only that 
child; we have failed every citizen of this great State of ours. But it does us no good to 
prepare a child to face opportunities if they do not exist should his school have no 
computers, no modern science labs, and fewer no advanced classes. When a child steps 
into a school bus in North Carolina, be it on a dirt road or a paved street, in the biggest of 
our cities or the smallest of the crossroads, we must be positive he is headed for the best 
education that is available, measured against the very highest of standards that are possi- 
ble. It is time to expect the most of our schools, our children, our government, and most 
especially, those of us elected today to carry forward the mission of reform for education 



January 27, 1993 



16 SENATE JOURNAL [Session 

in this great State so that every child has the quality of education to be found from the 
coast to the mountains on an equal basis for all people regardless of their race, their sex, 
or their location, or the geography of where they came from. (Applause) 

"In the days and weeks ahead, we will face many difficult decisions. Our needs are 
great: education; economic development, David; George, health care. We know what 
they are. We also know that without change these needs will largely go unmet. We have 
to make government work to meet the needs of not only today, but tomorrow, and the 
century that faces us. We have spent far too much time and far too little money with far 
too little to show for it. This General Assembly, working with the Governor and the 
Lieutenant Governor, has the opportunity to change that. We have the opportunity to 
leave a lasting legacy of good government for generations to come. 

"As we go about our work in the coming days, we will hear from those on every side of 
every issue. We should listen, and listen carefully to the perspective they bring to the 
debate. But it is our duty to question, to explore every alternative, and then to make our 
decision, always based on the answer to a single question: 'What is best for North 
Carolina? ' Not for our politics, not for our Districts, but for our State, North Carolina. 
It has been said that all power is a trust and that we are accountable for its exercise. As 
members of the General Assembly, we have been given a tremendous burden and a 
precious gift. The burden of power, and the gift of trust. By sending us here, our fellow 
citizens have demonstrated their faith in our ability and in our commitment to do what is 
right. They have entrusted us with their futures and laid upon us the obligation to care for 
the weak, the feeble, the old, and the young. Let us continuously strive to live up to that 
trust and to meet that obligation. Let us not fail. Together let us create not only a 
government by the people and for the people, but with the people. God bless you and 
thank you for giving me what you have . " 

Pursuant to Rule 65, the President declares the floor open to receive nominations for 
Deputy President Pro Tempore and recognizes Senator Walker of Randolph, granting 
him permission to approach the Well of the Senate where he offers the following 
remarks : 

"Mr. President, Justices, Senators, guests. It is a great honor for me today to come 
forward to place in nomination a person who has been a very close friend of mine over the 
years, serving in the North Carolina Senate. This person that I've been, I think, about 
every place in every quadrant in this Senate from the left to the right and back to the 
center, as we have been seatmates over the years. I know all of you know of the work that 
this person has done. 

"Robert Charles Soles, Jr. first served over in the House. This is something that I 
think will make him a great asset in this Session in working across from these halls to 
accomplish the things that need to be accomplished for the citizens of North Carolina. 
You have heard much already about the needs that are out there and the things that need 
to be done so far as our children. We know that's going to be a great program that we 
need to work on to make things better in North Carolina. R. C. Soles served four terms in 
the North Carolina House, from 1969 to 1976. I've had the privilege of serving in this 
Senate with him since 1977, and I know the work that Senator Soles has done (he's 
better known as R. C. to all of us) as he has handled some of the most difficult legislation 
that has come before the Bodies. I remember very well when we had all the buyouts and 
the mergers, that R. C. Soles was called upon as an attorney and head of the 'J' 
Committee to protect a lot of the things that had been a great part of North Carolina's 
heritage. The great companies that had been the real backbone of this State — the 
'RJRs, ' the different mills, the Burlington Mills, and many of those that have meant so 
much and contributed so much to North Carolina. And he handled that legislation, 
working not just with people within the State, but working with attorneys from Washing- 
ton and New York, and doing much to protect North Carolina for its people. 

"I would just like to make this for you a very short nomination. R. C. is certainly 
someone that I think will be an asset to our President Pro Tern and someone who can 



January 27, 1993 



1993] SENATE JOURNAL 17 

work and spend much time in making things work much more smoothly. He has the 
experience, as I have said, with all of the years that he has spent in this General 
Assembly working for the people of North Carolina. And so, Mr. President, it is my 
pleasure and honor to place in nomination, for the Deputy President Pro Tern 's position, 
Robert Charles Soles, Jr., better known to all of us as 'R. C Thank you, Mr. 
President." 

The President recognizes Senator Tally of Cumberland, and grants her permission to 
approach the Well of the Senate where she offers the following remarks: 

"Mr. President, honorable guests, Members of the Senate. I rise to second the nomi- 
nation of Senator R. C. Soles, Jr. for our Deputy President Pro Tern of the Senate. I have 
known Senator Soles and his family for many years and I know them to be excellent, 
public-spirited citizens of the southeastern section of our great State. His family have 
been very active in the business, economic, and educational communities of our area for 
many years. Senator Soles has been well-educated in all the public schools in our area 
and in two of our great universities, UNC and Wake Forest. I served in the House with 
Senator Soles, and now for ten years, have served in the Senate. I have seen the caliber 
of work which he has done on important committees in many areas of our General As- 
sembly. With very difficult problems, very difficult issues, and I have seen the analytical 
mind and the work that he has put into these issues. I am certain that he will continue to 
bring his training and experience in this position of service to all the people of North 
Carolina, and that he will be a tremendous help to the leadership of our Senate and to all 
of our State. It is with pride that I second the nomination of Senator R. C. Soles, Jr. as 
Deputy President Pro Tern of the North Carolina Senate, and urge your support. Thank 
you." 

The President recognizes Senator Seymour of Guilford, and grants her permission to 
approach the Well of the Senate where she offers the following remarks: 

"Mr. President, Members of the Senate, our honored guests, our staff, our families, 
and our friends. 

"I am pleased to second the nomination of the Honorable R. C. Soles, Jr. for the office 
of Deputy President Pro Tern of the State Senate for the 1993-94 Session of the General 
Assembly. R. C. has been my front seatmate ever since I have served in the Senate, first 
sitting on this side and, as Russell Walker pointed out, now sitting on this side of the 
Senate. 

"As has already been pointed out, R. C. has the experience of eight terms in the 
Senate and four terms in the House of Representatives, first being elected in 1969, and 
serving continuously (many of us can't say that), but R. C. has served continuously in 
the General Assembly since 1969 and is one of our most senior members. He possesses a 
genuine concern for his fellow Senators and his constituents and all the people of the 
State of North Carolina. As evidenced by the leadership role that he has taken through 
these many years in shaping the laws that govern the people of this State. He combines a 
quick wit, a pleasing personality, which will bring balance and which will serve each of us 
as he fulfills the duties of the Office of Deputy President Pro Tempore of the Senate. 
Thank you, Mr. President." 

The President recognizes Senator Richardson of Mecklenburg who offers the following 
remarks: 

"Permission to approach the Well of the House." (Permission granted) 

Senator Conder: 

"Mr. President." 

President of the Senate: 

"For what purpose does Senator Conder arise?" 



January 27, 1993 



18 SENATE JOURNAL [Session 

Senator Conder: 

"Would the Senator remember which House he is serving in today? We're in the 
Senate." 

President of the Senate: 

"The Senator, and the President of the Senate will be reminded." 

Senator Richardson: 

"When I said 'House,' I meant 'Big House.'" (Laughter) 

"Mr. President, and Members of this august Body of Senators, distinguished guests, 
ladies and gentlemen. 

"When we had our Democratic caucus, I seconded the nomination of Senator R. C. 
Soles for the position of Deputy President Pro Tempore. And even though we've had a 
long list today of nominations and seconds for him, I couldn't let this opportunity go 
because I consider R. C. Soles a friend, a great Senator. For the freshman Senators, 
especially, but all of us when you come into this Body, you try to emulate somebody that 
you think is doing the job well and good, and R. C. was one of the people that I emulated 
when I came into this Body four Sessions ago because he conducted himself in committee 
and on the floor like I would like to conduct myself. Anybody that has served going on 
twenty-five years in this Body deserves any office that he wants to run for. And R. C. 
held back and supported other people so that they could become leaders in this great 
Body, and now his time has come because he deserved all this. But I especially wanted to 
second his nomination because R. C. is a 'soul' brother." 

By Senator Sands: 

"Mr. President, I'd like to move the nominations be closed and that Senator R. C. 
Soles be elected by acclamation to the Office of Deputy President Pro Tempore of the 
1993 Session of the North Carolina Senate." 

The motion offered by Senator Sands that the nominations be closed and that Senator 
R. C. Soles, Jr. of Columbus be elected Deputy President Pro Tempore of the 1993 
Senate by acclamation prevails. 

The President declares Senator R. C. Soles, Jr. duly elected, and appoints Senator 
Parnell of Robeson and Senator Hyde of Buncombe to escort the Deputy President Pro 
Tempore-elecl to the Well of the Senate. Senator Hyde of Buncombe addresses the 
Chair and presents the Deputy President Pro Tempore-elecl, R. C. Soles, Jr. The 
Honorable William C. Gore, Jr., Resident Judge of the 13th Judicial District of the 
Superior Court of the General Court of Justice of North Carolina administers the 
prescribed oath of office. 

The President recognizes Senator Soles, Deputy President Pro Tempore, to address the 
membership from the Well of the Senate, where he offers the following remarks: 

"Mr. President, members of the Judiciary, my fellow Senators, distinguished guests, 
ladies and gentlemen: First, I wish to express my most sincere appreciation to the ladies 
and gentlemen of the Senate, who have given me this high honor to serve as the Deputy 
President Pro Tempore of the Senate. 

"I wish to thank Senator Walker for nominating me, and Senators Seymour, 
Richardson and Tally for the kind remarks as they seconded the nomination. To 
Senators Parnell and Hyde and Senator Smith, I thank you for being the escort group. 

"I wish to acknowledge and thank Senator — not Senator yet— Judge William C. Gore, 
Jr. , the Resident Superior Court Judge of the 13th Judicial District, for administering the 
oath of office. You know, as we go about our duties here in Raleigh, we often see the 
members of the Court of Appeals and the Supreme Court, but we rarely see the trial 
judges from the Superior Court. Having both the appellate judges and the trial judges 
represented here today, we say to you, all judges, thank you for the good work you've 
done throughout North Carolina. 



January 27, 1993 



1993] SENATE JOURNAL 19 

"To Mrs. Janet Puryear, my legislative assistant, I wish to acknowledge and thank you 
for the eighteen years of good service you've given to me. And to Mr. Steve Rose — I see 
him sitting over there— I want to say to Steve, my staff attorney, thank you for ten years 
of good, sound legal advice. 

"You know, this is an exciting time! Our country has a new President who's brought a 
new sense of hope to the country. 

"North Carolina has a new Governor— or at least a new Governor or a Governor with a 
new vision; one who has announced that he intends to make this the 'Year of the Child. ' 

"We have a new, experienced Lieutenant Governor that we look forward to working 
with. 

"And from approximately seven million North Carolinians, fifty ladies and gentlemen 
out of that number have been selected to serve as Senators in this State. 

"In order to carry out our duties as members of the Senate, we have elected Senator 
Marc Basnight as our President Pro Tempore', another outstanding young man with high 
ideals and the ability to accomplish much. Under his leadership we shall not fail, and I 
pledge to him and to you my very best as I carry out the duties of the Deputy President Pro 
Tempore' s office. 

"Today, I begin my twenty-fifth year as a member of the General Assembly; first in 
the House of Representatives, and then in the Senate. A quarter of a century of service. 
And I wish to take this opportunity to thank my family and my friends of the Eighteenth 
Senatorial District for their support all of these years. My heartfelt appreciation to all of 
you! 

"I thank you, I thank you, I thank you again." 

Pursuant to G.S. 120.37, the President declares the floor open to receive nominations 
for the Office of Principal Clerk. 

The President recognizes Senator Winner of Buncombe, who offers the following 
remarks: 

"Mr. President, the Members of this Body are ladies and gentlemen of great ability. 
But regardless of their ability, the quality of their work is solely dependent on the people, 
the ladies and gentlemen who staff this Body. All of us who have been here know that. 
The general public doesn't even think about it. Nobody is more important to the quality 
of our work than the position of Principal Clerk. The general public doesn't even know 
what that is. But each of us who have served here, and particularly those of us who have 
been Chairman of the Committee on Rules and Operations of the Senate, know it well. " 

"For the last four years, every day that we were in Session, I had a meeting with Mrs. 
Sylvia Fink about the assignment of bills, and other meetings about rules problems that 
came up from time to time. Her prowess in that job, both individually, and particularly 
as an administrator of a wonderful staff which she has had from the beginning of the time 
I've been here, is largely responsible for the smoothness of the operation of this Body. 

"She is a person of great integrity, as is necessary for that job, and is usually the first 
person in the building and the last to leave at night, making sure the work of that office is 
done. But most of all, her loyalty is to this Body. She is a friend of each of us, and loyal 
to each of us, but more to the institution of the Senate than to its individual members. 
She has a tough constituency. Some of our constituents know what we do and some 
don't. But the fifty of us who have elected her for nine times know that she does the job 
and does it well. Therefore, Mr. President, it is my great honor and privilege to place in 
nomination for the position of Principal Clerk, the name of Sylvia Morris Fink." 

The President recognizes Senator Odom of Mecklenburg, who offers the following 
remarks: 

"Mr. President, Members of the Senate, and guests. 

"It's my real pleasure to stand and have this honor to stand and second Sylvia Fink's 
nomination for Principal Clerk. All of the Senators here would stand up and would echo 



January 27, 1993 



20 SENATE JOURNAL [Session 

and ditto everything that Senator Winner has already said, and so I am not going to go 
through some of those same statements and words, but simply say that I agree with him 
wholeheartedly and I am sure the rest of the Senators that have been here before do so 
also. 

"To the new Senators, let me say this, that if you have a question about procedure in 
this Body, you go ask Sylvia Fink. And let me suggest this, that if, over the next two 
years, you see a discussion or an argument ensue and you see a Senator or Senators 
conferring with Sylvia Fink over what's going to be the interpretation, you might want to 
bet your money on Sylvia Fink being the one that has the right answer. 

"It has been my privilege and honor to serve four years in this Body, and I don't know 
of anyone that I've ever worked with who has more knowledge about rules and 
procedures of a Body such as this as Sylvia Fink does. I don't know of anyone who is 
more efficient in a job, and I don't know of anyone who is more accommodating, 
whether you've been here for twenty-five years, like Senator Soles, or whether you've 
been here just one day as one of the fresh-persons, whether you're man or woman, in 
this Body. 

"Let me suggest that sometimes instead of going to her, you may want to go to one of 
her capable assistants, and the reason I suggest that to you is, Sylvia is so accommodat- 
ing, it's almost to a fault, because if you go after the simplest thing, information or 
whatever, she'll stop and drop what she's doing and take whatever time is necessary to 
help you. She takes the time to help. If you want answers about procedure, ask Sylvia. 
If you want information about anything dealing with this Body, ask Sylvia, and if you 
want to know where the best baked spaghetti is in Raleigh, ask Sylvia. 

"Mr. President, this Body is fortunate to have someone so capable to serve this 
institution and to serve the people of North Carolina. It's my privilege to second her 
nomination." 

By Senator Sands: 

"Mr. President, I'd like to move the nominations be closed and that Ms. Sylvia Morris 
Fink be elected unanimously by this Body as Principal Clerk for the 1993 Session of the 
North Carolina Senate." 

The motion offered by Senator Sands that the nominations be closed and that Sylvia 
Morris Fink be elected Principal Clerk of the 1993 Senate by acclamation prevails. 

The President declares Sylvia Morris Fink duly elected and appoints Senator Sands of 
Rockingham and Senator Conder of Richmond to escort the Principal Clerk-elect of the 
1993 Senate to the Well of the Senate. Senator. Sands of Rockingham addresses the 
Chair and presents the Principal Clerk-elect, Sylvia Morris Fink. The Honorable Sidney 
S. Eagles, Associate Judge of the North Carolina Court of Appeals administers the 
prescribed oath of office and the President directs the Principal Clerk to assume her seat. 

The President declares the floor open to receive nominations for the Office of Reading 
Clerk. 

The President recognizes Senator Sherron of Wake, who offers the following remarks: 

"Mr. President, members of the Judiciary, fellow Senate members, distinguished 
guests, everyone. 

"I rise to nominate a man that has given twenty years of service to this North Carolina 
Senate. LeRoy Simmons is from Wendell, born as a local man down in the area there, 
grew up and went to the public schools, admitted to the tobacco business, and one of his 
trades was being an auctioneer. He has used that talent in this Senate where I've 
measured that no one is equal to him in this State. LeRoy has a wit, for you new 
Members, that only being here and hearing him read his bills and then doing a little 
ad-libbing at the beginning and end, will always bring a little chuckle from the members 
of this Body. 



January 27, 1993 



1993] SENATE JOURNAL 21 

"It's a great pleasure, Mr. President, to place in nomination the name of LeRoy 
Simmons for Reading Clerk of the North Carolina Senate." 

President of the Senate: 

"The name of LeRoy Clark is placed in nomination." 

The President recognizes Senator Speed of Franklin, who offers the following 
remarks: 

"Ladies and Gentlemen of the Senate, and the Judiciary, and those of you in the audi- 
ence, it's my pleasure to second the nomination of LeRoy Clark. Little more needs to be 
said about LeRoy 's ability and good service to this Body, since he has served so long and 
so well. But I have known him perhaps more years than most of you, having been asso- 
ciated with him in the tobacco business for a number of years, and also I have had the 
pleasure of representing his home town of Wendell. So I know 'Roy' not only as an 
efficient and dedicated servant to this Senate, but as a good neighbor, a good citizen, and 
a good family man. It is my pleasure to second the nomination, and I move that the 
nominations be closed, and that Mr. Clark be elected by acclamation." 

The motion offered by Senator Speed of Franklin that the nominations be closed and 
that LeRoy Clark, Jr. be elected Reading Clerk by acclamation prevails. 

The President declares LeRoy Clark, Jr. duly elected, and appoints Senator Cooper of 
Nash and Senator Warren of Pitt to escort the Reading Clerk-elect of the 1993 Senate to 
the Well of the Senate. Senator Cooper of Nash addresses the Chair and presents the 
Reading Clerk-elect, LeRoy Clark, Jr. The Honorable Willis P. Whichard, Associate 
Justice of the Supreme Court of North Carolina, administers the prescribed oath of 
office, and the President directs the Reading Clerk to assume his seat. 

The President declares the floor open to receive nominations for the office of 
Sergeant-at-Arms . 

The President recognizes Senator Johnson of Wake who offers the following remarks: 

"To place in nomination one to be our Sergeant-at-Arms. But prior to doing that, I 
would like to note to this Senate the fine service that Gerda Pleasants has performed in 
past General Assemblies. She elected not to succeed herself today, and we certainly will 
miss her. 

"We are all privileged and honored to have an individual who will serve us well as our 
Sergeant-at-Arms. He is truly well-qualified, and I will leave it to others to give you a 
full recitation of his credentials. But let me, Mr. President, place in nomination the 
name of Cecil Goins as our Sergeant-at-Arms. Cecil is a good friend and he will become 
your good friend. He has worked long and hard in the vineyards, and with such service, 
has earned his way here today. I first got to know Cecil in the Tony Rand Campaign. 
Since that time I have personally witnessed Cecil's devotion to public service. He will 
serve us and the State of North Carolina well. 

The President recognizes Senator Richardson of Mecklenburg, who offers the 
following remarks: 

"Mr. President, I am almost tempted to ask you to approach the Well so I'll know 
where I am, and you know I know where I am. But I'll do it from my seat here. I rise to 
second the nomination of Cecil Goins for Sergeant-at-Arms. 

"Mr. President and Members of the Senate, distinguished guests, and ladies and 
gentlemen. A little about Cecil Goins. Cecil is a native North Carolinian, a native of 
Southern Pines, North Carolina. He's a graduate of one of our universities in the 
University System in North Carolina, North Carolina A&T. He worked for the U.S. 
Marshal Services for twenty-five years, where he retired working as a deputy inspector 



January 27, 1993 



22 SENATE JOURNAL [Session 

and a criminal investigator. He has served as Assistant Business Manager of Shaw 
University here in Raleigh. He has served as one of the Assistant Sergeant-at-Arms in 
the North Carolina Senate. He has served on many boards and commissions in the State 
and nation, and also the member of many organizations; civic, fraternal, and 
professional, in this State and nation. Cecil Goins is a dedicated man and will do us a 
good job. But equally as important, I am also proud that I am able to second the 
nomination, a historic moment, of the first Black, or Afro- American to serve as 
Sergeant-at-Arms of this great Body. And to also witness administering the oath, the 
first member, Black, of the General Assembly in modern time in the State of North 
Carolina, and also the first Justice of the Supreme Court, Justice Frye. I'm extremely 
proud, and I'm proud to second the nomination of Cecil Goins as Sergeant-at-Arms. 
Thank you." 

By Senator Sands: 

"Mr. President, I'd like to move that the nominations be closed and that Cecil Goins 
be elected by acclamation for the position of Sergeant-at-Arms of the 1993 Session of 
the North Carolina Senate." 

The motion offered by Senator Sands that the nominations be closed and Cecil Goins 
be elected Sergeant-at-Arms by acclamation prevails. 

The President declares Cecil Goins duly elected and appoints Senator Lee of Orange 
and Senator Ballance of Warren to escort the Sergeant-at- Arms-elect to the Well of the 
Senate. Senator Ballance of Warren addresses the Chair and presents the Sergeant-at- 
Arms-elect, Cecil Goins. The Honorable Henry E. Frye, Associate Justice of the 
Supreme Court of North Carolina, administers the prescribed oath of office. The 
President directs the Sergeant-at-Arms to assume his seat. 

The President recognizes Senator Speed of Franklin and grants him permission to 
approach the Well of the Senate where he expresses appreciation to Mrs. Gerda 
Pleasants, the former Sergeant-at-Arms who is retiring, for her dedication to the Senate 
of North Carolina. Senator Speed presents Mrs. Pleasants with a gift of flowers, which 
she graciously accepts. 

The President of the Senate directs the Reading Clerk to read as follows: 

NORTH CAROLINA GENERAL ASSEMBLY 

Senate Chamber 

State Legislative Building 

Raleigh 27611 

January 27, 1993 

The Honorable Dennis A. Wicker 
President of the Senate 
State Legislative Building 
Raleigh, North Carolina 

Dear President Wicker: 

This is to advise you that the Senate Democratic Caucus met on December 12, 1993, 
with 36 members present and nominated the following officers for the 1993 Session of the 
General Assembly: 

President Pro Tempore - Senator Marc Basnight 
Deputy President Pro Tempore - Senator R. C. Soles, Jr. 
Majority Leader - Senator J. Richard Conder 
Majority Whip - Senator Ralph A. Hunt 



January 27, 1993 



1993] SENATE JOURNAL 23 

Principal Clerk - Mrs. Sylvia M. Fink 
Sergeant-at-Arms - Mr. Cecil Goins 
Reading Clerk - Mr. LeRoy Clark, Jr. 

Sincerely yours, 
S/Joan R. Leatherman 
Joan R. Leatherman 
Assistant Secretary 
Democratic Caucus 

The President recognizes Senator Conder of Richmond, who offers the following 
remarks: 

"Mr. President, Members of the Judiciary, ladies and gentlemen. Mr. President, we 
extend to you today a very warm and hearty welcome as the Presiding Officer of the North 
Carolina Senate. This is a very, very close-knit group of people, and I speak to you 
today on behalf of thirty-nine members of the majority party and tell you of our interest in 
working together with you and for the betterment of the citizens of the State of North 
Carolina. As I say, this is a very, very close-knit group. We work very, very well 
together. We accomplish a lot. We take our oath of office very, very seriously, and I 
would be remiss if I didn't remind you, as well as the others in the audience today, just 
this past Session, this Body passed governance of public schools, sent it over to the 
House. We also passed the veto power for the Governor. We also passed a lottery bill. 
We also passed the appointment of judges. We also passed a bond referendum for the 
University and Community College System. There again, these are issues that I think are 
vital and close to the hearts of the citizens of North Carolina, and I'm proud to stand 
before each and every one of you today to say that this was done on a bipartisan basis, 
something that we're very, very proud of, that I'm satisfied you're going to hear from it 
again. 

"On behalf of myself and my wife, Barbara, who is here, I want to thank the Members 
of the Senate for giving me this very, very responsible position and post, and I pledge to 
you that I will do it to the very best of my ability and work as hard as I can. While I do 
have the floor, Mr. President, as I said I would be remiss if I didn't recognize my beauti- 
ful wife, Barbara. 

"Also, I would like to recognize a person here today that's seated on Senator Plyler's 
left. He's affectionately known to us down in Richmond County as 'the Sheriff. ' Sheriff 
Goodman is completing forty-four continuous years of service to the citizens of 
Richmond County — the longest Sheriff in the history of this State as far as continuous 
service is concerned. And Sheriff Goodman, we thank you for what you do for the people 
of this State and particularly, our County. But not only that, Mr. President, but every 
aspirant to state-wide office in North Carolina, at one time or another, comes through 
his furniture store and sits on one of the sofas in the store, and gets their directions of 
what they are to do. But strangely enough, the Sheriff knew before that guy or lady got to 
Richmond County, he knew when they left, too. So he kept track of all of them coming in 
there. So, Sheriff, we're proud to have you today, and I'm proud of Senator Plyler for 
allowing you to sit with him on the floor. 

"Also, we have with us our District Attorney from our District, Carroll Latta. Carroll, 
we're glad to have you, too. 

"Senator Basnight, I want to say especially, thank you for arranging today to allow the 
spouses and friends and guests of the Members of the Senate to be able to join us on the 
floor of the Senate. And one last word, Mr. President. We've seen Senator Frye here 
today. I also want to tell you that he also is a native of Richmond County. Senator Frye, 
we're proud of you, too. 

"And again, thank you very much, ladies and gentlemen. I look forward to working 
with you in the months to come. Thank you." 



January 27, 1993 



24 SENATE JOURNAL [Session 

The President directs the Reading Clerk to read as follows: 

NORTH CAROLINA GENERAL ASSEMBLY 

Senate Chamber 

State Legislative Building 

Raleigh 27601-1096 

12/12/92 

Ms. Sylvia Fink 
Senate Principal Clerk 

Dear Sylvia- 

This is to inform you that I was re-elected as Senate Minority leader on November 7 , 
1992 at the Senate Republican Caucus at Davidson College. 
Senator Betsy Cochrane was elected Senate minority whip. 

Sincerely, 
SlRobert G. Shaw 

The President recognizes Senator Shaw, who offers the following remarks: 

"Thank you, Mr. President. In the normal Republican interest in brevity, we look 
forward to a cooperative, a productive, a short, and a very interesting Session, Senators, 
Thank you." 

The President orders a special message sent to the House of Representatives informing 
that Honorable Body that the Senate is organized and ready to proceed with public 
business. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
January 27, 1993 



Mr. President: 



It is ordered that a message be sent to the Senate informing that Honorable Body that 
the House of Representatives is organized and is now ready to proceed with the public 
business and has elected the following officers: 

Speaker Daniel T. Blue, Jr. 

Speaker Pro Tempore Marie W. Colton 

Principal Clerk Denise G. Weeks 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 



January 27, 1993 



1993] 



SENATE JOURNAL 



25 



The President directs the Reading Clerk to read as follows: 

NORTH CAROLINA MEDICAL SOCIETY 

222 N. Person Street 

PO Box 27167 

Raleigh, North Carolina 27611 

January 12, 1993 

The Honorable Marc Basnight 
President Pro Tempore-Eleci 
North Carolina Senate 
Legislative Building 
Raleigh, NC 27611 

Dear Senator Basnight: 

The North Carolina Medical Society is pleased to again offer the services of a 
physician during the legislative session to members of the General Assembly, their staff 
and visitors. 

We appreciate your continuing to make the facilities of the First Aid Room available to 
us, and we are grateful for the many courtesies you have extended to those physicians 
who have served as "Doctor of the Day" since the program's inception in 1981. 

Again, thank you for allowing us to continue to provide this service to the North 
Carolina General Assembly. We will look forward to working with you during the 1993 
session and will welcome any suggestions you may have as to how we may better serve 
your needs. 



Warmest regards. 



Sincerely, 

S/Ann L. Sawyer, Director 

Governmental Affairs 



REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly 
submit reports (See Addendum) which are ordered placed on file in the Legislative 
Library, as follows: 

Pursuant to Chapter 689, Section 107(f) of the 1991 Session Laws, the North Carolina 
Department of Public Instruction submits a Report on Willie M. Expenditures along with 
the Division of School Business Services Executive Summary. 

Pursuant to Chapter 689, Section 216 of the 1991 Session Laws, the North Carolina 
Department of Human Resources submits the Revised Report on Improvements in Child 
Protection Services. 

Pursuant to G.S. 143B-437A(c), the North Carolina Department of Economic and 
Community Development submits the Industrial Development Fund Quarterly Report. 

Pursuant to Chapter 689, Section 154 of the 1991 Session Laws, the North Carolina 
Department of Economic and Community Development submits the Employment and 
Training Grant Program Quarterly Report for the period July 1, 1991, through 
June 30, 1992. 



January 27, 1993 



26 SENATE JOURNAL [Session 

Pursuant to Chapter 689, Section 154, of the 1991 Session Laws, the North Carolina 
Department of Economic and Community Development submits the Employment and 
Training Grant Program Quarterly Report for the period July 1, 1992, through 
September 30, 1992. 

Pursuant to Chapter 689, Section 146, of the 1991 Session Laws, the North Carolina 
Department of Economic and Community Development submits the Quarterly Report of 
the North Carolina Manufacturing Directory Proceeds. 

Pursuant to Chapter 689, Section 239(h) of the 1991 Session Laws, the North 
Carolina Department of Human Resources, Division of Youth Services submits the 
Prison Bond Quarterly Report ending June 30, 1992. 

Pursuant to Chapter 689, Section 239(h) of the 1991 Session Laws, the North 
Carolina Department of Human Resources, Division of Youth Services submits the 
Prison Bond Quarterly Report ending December 31, 1992. 

Pursuant to Chapter 689, Section 126 of the 1991 Session Laws, the North Carolina 
Department of Human Resources submits the Community Action Program Funds, Fiscal 
Year 1992 Report. 

Pursuant to Chapter 689, Section 221.3 of the 1991 Session Laws, the North Carolina 
Department of Human Resources submits the SFY 93 First Quarterly Report in the case 
of Cassell, et al. v. Flaherty. 

Pursuant to Chapter 904 of the 1991 Session Laws, the North Carolina Department of 
Human Resources submits the Study on Drop-In and Short-Term Child Care 
Arrangements Report. 

Pursuant to Chapter 900, Section 145 of the 1991 Session Laws, the North Carolina 
Department of Human Resources, Division of Social Services submits North Carolina 
Adolescent Parenting Program Evaluation Report. 

EXECUTIVE ORDERS 

Executive Orders received in the Office of the Senate Principal Clerk following 
adjournment sine die of the 1991 North Carolina General Assembly are presented to the 
Senate of the 1993 General Assembly and are referred to committee, as follows: 
(See Appendix) 

From Former Governor James G. Martin 

Executive Order Number 172, Increased Recycled Product Procurement and 
Expanded Solid Waste Reduction Activity by State Agencies. 

Referred to State Personnel and State Government Committee. 

Executive Order Number 173, Extending Executive Order 106, Which Extended 
Executive Order 66, State Employees Combined Campaign. 

Referred to State Personnel and State Government Committee. 

Executive Order Number 174, Amendment to Executive Order Number 162, 
Council on Health Policy Information. 

Referred to Children and Human Resources Committee. 

Executive Order Number 175, Hurricane Andrew Relief. 
Referred to Transportation Committee. 

Executive Order Number 176, Amendment and Extension of Executive Order 
148, Governor's Task Force on Health Objectives for the Year 2000. 
Referred to Children and Human Resources Committee. 



January 27, 1993 



1993] SENATE JOURNAL 27 

Executive Order Number 177, Extending the Provisions of Executive Order 175, 
Hurricane Andrew Relief. 

Referred to Transportation Committee. 

Executive Order Number 178, Waiving Certain Penalties Pursuant to Chapter 
166 A of the General Statutes of North Carolina. 
Referred to Transportation Committee. 

Executive Order Number 179, Coordinating Committee on the Americans with 
Disabilities Act. 

Referred to Children and Human Resources Committee. 

Executive Order Number 180, Transferring the Governor's Extradition Secretary 
to the Department of Justice. 

Referred to Judiciary I Committee. 

Executive Order Number 181, Amending Executive Order Number 178, Waiving 
Certain Penalties Pursuant to Chapter 166 A of the General Statutes of North Carolina. 
Referred to Transportation Committee. 

Executive Order Number 182, Accessibility of Electronic Equipment by Persons 
with Disabilities. 

Referred to Children and Human Resources Committee. 

Executive Order Number 183, Amending and Reissuing the Provisions of 
Executive Order 175. 

Referred to Transportation Committee. 

Executive Order Number 184, Transferring the Commutation/Pardon Analyst 
Position Assigned to the Office of the Governor from the Office of the Parole Commission 
in the Department of Correction to the Office of the Governor. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

Executive Order Number 185, Extension of Executive Orders 12, 13, 15, 27, 29, 
39, 43, 53, 55, 66, 71, 78, 99, 110, 121, 126, 132, 136, 139, 143, 150, 151, 152, 153, 
and 156. And Rescission of Executive Orders 20, 22, 26, 35, 86, 89, 95, 114, 122, 
124, 134, 137, 140, and 145. 

Referred to State Personnel and State Government Committee. 

Executive Order Number 186, North Carolina — Head Start Collaboration Project 
Advisory Council. 

Referred to Children and Human Resources Committee. 

Proposed Executive Order which Creates a Commission on Workforce 
Preparedness and an Inter- Agency Coordinating Council. 
Referred to Manufacturing and Labor Committee. 

From Governor James B. Hunt, Jr. 

Executive Order Number 1, North Carolina Board of Ethics. 
Referred to State Personnel and State Government Committee. 

In compliance with G.S. 163-195, the Secretary of State submits the Abstract and 
Certification of votes cast in the General Election held on November 3, 1992. The 
President orders the Abstract and Certification papers placed on file in the Office of the 
Senate Principal Clerk. 

The President recognizes Mrs. Ann McQueen, who is serving as the Senate Supervisor 
of Pages for the 1993 Session of the General Assembly. 



January 27, 1993 



28 SENATE JOURNAL [Session 

On motion of Senator Basnight, seconded by Senator Marshall, the Senate adjourns at 
2:03 P.M. to meet tomorrow, January 28, at 1:30 P.M. 



SECOND DAY 

Senate Chamber, 
Thursday, January 28, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Father, we are grateful for the excellent and able leaders chosen yesterday to guide 
the Senate during this Session. 

"We are also grateful for the lasting and powerful image of children in the aisles, and 
spouses and friends along side the Senators. By their very presence, they pledged a 
personal level of sacrifice and commitment to their family member, who will be in 
Raleigh more than at home for the next few months. 

"Bless the families represented here, and remind us that it is within the formidable 
walls of our own families that we learn what the phrase, 'human family' , really means. 
Amen. " 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
January 27, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Kaplan and to Senator Simpson. 

The Chair recognizes Senator Basnight, who announces that Senator and Mrs. 
Kaplan are the proud parents of a baby daughter, Anna Rebecca, born at 10:42 A.M. 
today, January 28, and weighing 8 pounds 4 ounces. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The Chair declares the voting equipment inoperative for today's Session. 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Basnight, Jordan, and Sands: 

S. J. R. 1, a joint resolution informing His Excellency, Governor James B. Hunt, Jr. , 
that the General Assembly is organized and ready to proceed with public business and 
inviting the Governor to address a joint session of the Senate and House of 
Representatives. 

On motion of Senator Basnight, the rules are suspended, and the joint resolution is 
placed before the Senate for immediate consideration. 

The joint resolution passes its second reading. Without objection, the rules are 
suspended to allow the third reading of the measure. 

The joint resolution passes its third reading and is ordered, with unanimous consent, 
sent to the House of Representatives by special messenger. 



January 28, 1993 



1993] SENATE JOURNAL 29 

By Senators Daniel, Perdue, and Tally: 

S.B. 2, a bill to enact the North Carolina Managed Competition Health Care Reform 
Act. 

Referred to Insurance Committee and upon a favorable report, re-referred to 
Children and Human Resources Committee, and upon a favorable report, 
re-referred to Appropriations Committee, and upon a favorable report, re-referred 
to Finance Committee. 

By Senators Daniel, Jordan, Perdue, Tally, and Seymour: 

S.B. 3, a bill to appropriate funds to the Department of Human Resources for a 
grant-in-aid to the Caring Program for Children. 
Referred to Appropriations Committee. 

By Senators Daniel, Jordan, Perdue, Tally, and Seymour: 

S.B. 4, a bill to provide Medicaid coverage for children who live in families with 
incomes up to one hundred eighty-five percent of the federal poverty level. 
Referred to Appropriations Committee. 

By Senators Daniel, Perdue, Tally, and Seymour: 

S.B. 5, a bill to appropriate funds to provide Medicaid coverage to elderly, blind, and 
disabled individuals and implement the recommendations of the Medicaid Resources 
Study. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Daniel, Cochrane, Edwards, Forrester, Parnell, Perdue, Tally, and 
Warren: 

S.B. 6, a bill to define primary care hospital and rural hospital network, and 
appropriate funds for encouraging health care providers to practice primary care and 
provide services to rural areas. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Daniel, Forrester, Perdue, Tally, and Seymour: 

S.B. 7, a bill to require the Commissioner of Insurance to develop and require uniform 
forms for the submission of claims under an accident or health insurance policy. 
Referred to Insurance Committee. 

By Senators Daniel, Perdue, and Tally: 

S.B. 8, a bill to prohibit health care providers from referring patients to health care 
goods or services offered by entities in which the referring provider has an ownership 
interest. 

Referred to Judiciary II Committee. 

By Senators Daniel, Perdue, Tally, and Seymour: 

S.B. 9, a bill to facilitate cooperative agreements among hospitals. 

Referred to Judiciary II Committee. 

By Senators Daniel, Perdue, and Tally: 

S.B. 10, a bill to modify the certificate of need law. 

Referred to Judiciary I Committee. 

By Senators Daniel, Perdue, Martin of Guilford, and Tally: 

S.B. 11, a bill to provide for a binding referendum on the establishment of a North 
Carolina State Lottery. 

Referred to Judiciary I Committee. 



January 28, 1993 



30 SENATE JOURNAL [Session 

By Senators Martin of Guilford, Conder, Perdue, Hunt, Daniel, Sands, Richardson, 
Edwards, Jordan, Parnell, Seymour, Tally, and Winner of Mecklenburg: 

S.B. 12, a bill to establish a grant program to strengthen family resources and 
appropriate funds for its implementation. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Martin of Guilford, Conder, Perdue, Daniel, Richardson, Edwards, 
Jordan, Seymour, and Tally: 

S.J.R. 13, a joint resolution to establish the Commission to Improve Education 
Support Services to Children and Families. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Perdue, Jordan, Seymour, and Warren: 

S.B. 14, a bill to authorize the issuance of general obligation bonds of the State, 
subject to a vote of the qualified voters of the State, to provide funds, with any other 
available funds, for capital improvements for certain of the constituent or affiliated insti- 
tutions of the University of North Carolina, for capital improvements for community 
colleges, and for public school buildings for Grades K through Twelve. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Capital Expenditures Committee and upon a favorable 
report, re-referred to the Finance Committee. 

By Senators Kincaid, Cochrane, and Allran: 

S.B. 15, a bill to amend the Constitution of North Carolina to limit members of the 
legislature to six consecutive terms in the General Assembly. 
Referred to Constitution and Election Laws Committee. 

By Senators Kincaid, Cochrane, and Allran: 

S.B. 16, a bill to limit the number of terms of members of Congress. 

Referred to Constitution and Election Laws Committee. 

By Senators Kincaid, Forrester, and Cochrane: 

S.B. 17, a bill to amend the Constitution of North Carolina to limit the number of days 
the General Assembly may remain in session each year. 

Referred to Constitution and Election Laws Committee. 

By Senators Carpenter, Cochrane, Martin of Pitt, Richardson, Codington, Speed, 
Allran, Forrester, and Jordan: 

S.B. 18, a bill to appropriate funds to the Alzheimer's Associations. 
Referred to Appropriations Committee. 

By Senators Conder, Jordan, Parnell, Perdue, Seymour, and Warren: 
S.B. 19, a bill to make it unlawful for a parent to allow a minor child to possess or 
carry a weapon on school property. 
Referred to Judiciary I Committee. 

By Senators Gunter, Gulley, and Marshall: 

S.B. 20, a bill to amend the statutes relating to the electoral college to conform them 
to federal requirements and State law. 

Referred to Constitution and Election Laws Committee. 

By Senators Lee, Perdue, and Tally: 

S.B. 21, a bill to establish the Constitutional Review Commission to study proposals 
to make changes in the structure of State Government in North Carolina. 

Referred to Constitution and Election Laws Committee and upon a favorable 
report, re-referred to the State Personnel and State Government Committee 
and upon a favorable report, re-referred to the Appropriations Committee. 



January 28, 1993 



1993] 



SENATE JOURNAL 31 



By Senators Martin of Guilford, Perdue, Sands, Richardson, and Ballance, Jordan, 
and Seymour: 

S.J.R. 22, a joint resolution authorizing the Legislative Research Commission to 
study the extent to which confidentiality requirements act as a barrier to the State meeting 
human services needs. 

Referrd to Rules and Operation of the Senate Committee and upon a 
favorably report, re-referred to the Appropriations Committee. 

Senat/r Plyler offers a motion that Rule 40 be suspended to allow the introduction of 
the follJving bill, which motion prevails by a two-thirds majority vote. 

By Snators Plyler and Conder: 

S.BJ23, a bill to authorize the City of Monroe to pay a reward. 

On iption of Senator Plyler, the bill is placed before the Senate for immediate consid- 
eration 

The|?ill passes its second and third readings and on motion of Senator Plyler, is 
orders, with unanimous consent, sent to the House of Representatives by special 
messier. 



REPORTS TO GENERAL ASSEMBLY 

Birds, Commissions, and Agencies directed to report to the General Assembly 
subjt reports (See Addendum) which are ordered placed on file in the Legislative 
Libfy. as follows: 

fsuant to Chapter 754, Part XVI of the 1991 Session Laws, the Mountain Area 
Sty Commission submits its Final Report. 

irsuant to Chapter 754, Section 4.4 of the 1991 Session Laws, the State Personnel 
jm Commission submits its Final Report. 

irsuant to G.S. 120-64, the Children With Special Needs Commission submits its 
>rt. 

irsuant to G.S. 120-30. 17(1), the Legislative Research Commission submits its 
>ort on Alternative Medical Practices. 

irsuant to G.S. 120-30.17(1) the Legislative Research Commission submits its 
lal Report on Cancer Control. 

Pursuant to G.S. 120-30.17(1), the Legislative Research Commission submits its 
inal Report on Establishment of a Chiropractic College in North Carolina. 

Pursuant to G.S. 120-30.17(1), the Legislative Research Commission submits its 
"inal Report on Criminal Case Disposition. 

Pursuant to Chapter 754, Section 2.1(40) and (59) of the 1991 Session Laws, the 
Legislative Research Commission submits its Final Report on Emergency Management 
Issues. 

Pursuant to G.S. 120-30.17(1), the Legislative Research Commission submits its 
Report on Fire and Occupational Safety at Commercial and Industrial Facilities. 

Pursuant to Chapter 754, Section 2.1 of the 1991 Session Laws, the Legislative 
Research Commission submits its Final Report on Law Enforcement Issues. 

Pursuant to Chapter 754, Section 2.1(54) of the 1991 Session Laws, the Legislative 
Research Commission submits its Final Report on Motor Vehicle Towing and Storage. 



January 28, 1993 



32 SENATE JOURNAL [Session 

Pursuant to Chapter 754, Section 2.1(50) of the 1991 Session Laws, the Legislative 
Research Commission submits its Final Report on Physical Fitness Among North 
Carolina Youth. 

Pursuant to Chapter 754, Section 2.1(11) and 2. 1(63) of the 1991 Session Laws, the 
Legislative Research Commission submits its Final Report on Public Health System 
Issues. 

Pursuant to Chapter 754, Sections 2.1 and 17 of the 1991 Session Laws, the 
Legislative Research Commission submits its Final Report on Railroads and Other Public 
Transportation. 

Pursuant to Chapter 754, Section 4 of the 1991 Session Laws, the Legislative Research 
Commission submits its Final Report on State Parks and Recreation Areas. 

Pursuant to Chapter 754, Section 2.1(38) of the 1991 Session Laws, the Legislative 
Research Commission submits its Final Report on the Statewide Comprehensive 
Planning Committee. 

Pursuant to G.S. 120-30.17(1), the Legislative Research Commission submits its 
Final Report on Students at Risk. 

Pursuant to Chapter 754, Section 2.1(49) and 2.1(3) of the 1991 Session Laws, the 
Legislative Research Commission submits its Final Report on Water Issues. 

The North Carolina Department of Revenue submits its Revenue Comparative 
Statement of Net Collections for the months of December 1992 and 1991. 

Without objection, on motion of Senator Odom from Mecklenburg County, the Chair 
grants permission for Senator Odom to approach the Well of the Senate. On motion of 
Senator Odom, the Chair grants courtesies of the floor to "Hugo," the Charlotte 
Hornets' Basketball Team mascot and appoints Senator Odom, Senator Richardson, 
and Senator Winner of Mecklenburg to escort "Hugo" to the Well of the Senate, where 
Senator Odom introduces "Hugo" to the membership. The Chair extends courtesies of 
the gallery to members of the Charlotte Chamber of Commerce. Senator Odom extends 
an invitation from the Charlotte Chamber of Commerce to the membership of the Senate 
to attend a Charlotte Hornets basketball game on February 1 1 . The Committee escorts 
"Hugo" from the Chamber. 

The Chair extends courtesies of the floor to Parks Helms, former member of the House 
of Representatives from Mecklenburg County and Chairman of the Charlotte County 
Commissioners. 

Without objection on motion of Senator Basnight, the Senate recesses at 1 : 59 P.M. to 
reconvene at 3:00 P.M. 



RECESS 

The Senate meets pursuant to recess and is called to order by the Honorable Dennis A. 
Wicker, Lieutenant Governor. 



APPOINTMENT OF COMMITTEES 

Pursuant to Rules 31 and 34, the President Pro Tempore, Senator Basnight, 
announces appointments to standing committees and charges them, as follows: 



January 28, 1993 



1993] SENATE JOURNAL 33 

AGRICULTURE, MARINE RESOURCES, AND WILDLIFE 
COMMITTEE: 

Chairman: Senator Albertson 

Vice-Chairman: Senator Speed 

Senators: Kincaid, Marshall, Plyler, Sands, Shaw, Soles, Tally, Ward, 

Warren 

On behalf of the Senate, you are charged as follows: 

"Senator Albertson, you and the members of the Committee are charged with review- 
ing the problems facing our farmers and agribusinesses. We must find new markets and 
promote our farm products proudly and aggressively. Agriculture has to be a viable part 
of our future. 

"The Committee will also concern itself with legislation promoting aquaculture. 
Investigate, get the facts, and report your recommendations to this Senate so that this 
developing industry can help sustain our economy and our people. 

"Wildlife is also essential to our ecological balance. Explore new ways not only to 
protect North Carolina's wildlife but also to enhance the benefits that wildlife provides to 
the North Carolina economy. Your deliberations and final recommendations must be 
based on the common good. 

"The issues which face you will at times be controversial." 



APPROPRIATIONS COMMITTEE 

Chairmen: Senator Daniel 

Senator Plyler 
Vice-Chairmen: Senator Kaplan 

Senator Wm. Martin 

Senator Perdue 

Senator Walker 



Appropriations on Department of Transportation Committee 

Chairman: Senator Lee 

Senators: Albertson, Carpenter, Kaplan, Sherron 



Appropriations on Education Committee 

Chairman: Senator Ward 

Senators: Gunter, Perdue, Simpson, Smith, Warren, L. Winner 



Appropriations on General Government Committee 

Chairman: Senator Plexico 

Senators: Codington, Edwards, Wm. Martin, Speed 



Appropriations on Human Resources Committee 

Chairman: Senator Richardson 

Senators: Gulley, Forrester, Harris, Hyde, Walker 



January 28, 1993 



34 SENATE JOURNAL [Session 

Appropriations on Justice and Public Safety Committee 

Chairman: Senator Odom 

Senators: Ballance, Blackmon, Folger, Marshall 

Appropriations on Natural and Economic Resources Committee 

Chairman: Senator R. L. Martin 

Senators: Cochrane, Hoyle, Jordan, Kincaid, Tally 

On behalf of the Senate, you are charged as follows: 

"The duties of the Appropriations Committees are great, their burdens heavy, and 
their responsibilities difficult, under even the best of economic conditions. In 1993, 
many factors within our state and beyond have combined to make these duties even 
greater, the burdens heavier, and the responsibilities even more difficult. 

"You will receive for your consideration the Budget Appropriations Bill. 

"You will study it in detail, line item by line item, and each recommended capital and 
expansion item in that bill, and any supplemental requests that you may receive and all 
special appropriations bills that may be referred to you. You will also identify any 
programs that are not absolutely essential to the efficient and harmonious operation of 
this state and recommend appropriate changes in those programs to this body. 

"You will identify and recommend any new and innovative budget expansions to meet 
the needs of the people that, in your judgment, can be supported within the funds 
available. 

"You shall work in cooperation with any Senate Committee and with any House 
Committee, when it appears appropriate for you to do so; it will make the work you 
produce better and will bring benefits to the people of our State. 

"Your task will be a difficult one, but I am confident that each of you will undertake it 
to the best of your ability and propose a constitutionally-mandated balanced budget for 
our State." 



BANKS AND THRIFT INSTITUTIONS COMMITTEE 

Chairman: Senator Warren 

Vice-Chairmen: Senator Jordan 

Senator Marshall 
Senators: Ballance, Carpenter, Edwards, Harris, Hartsell, Hoyle, 

Hunt, Johnson, Kaplan, Kincaid, Perdue, Richardson, 

Seymour, Soles, Walker, D. Winner 

On behalf of the Senate, you are charged as follows: 

"You who have served in previous sessions know only too well the heavy obligations 
which are always placed upon the Committee dealing with financial institutions. The 
balancing of the interest between the legitimate concerns of the financial community and 
the average citizen of the State is always a most difficult task. You must balance the 
availability of money versus its cost. 

"Many of you have had much experience in this General Assembly and on numerous 
committees. You are charged to be most careful and totally fair as you consider and 
deliberate upon the sensitive legislation which will undoubtedly be referred to you during 
this legislative session. We have confidence in your ability and wish you well in your 
work." 



January 28, 1993 



1993] SENATE JOURNAL 35 

CAPITAL EXPENDITURES COMMITTEE 

Chairman: Senator Kaplan 

Vice-Chairman: Senator Sherron 

Senators: Daniel, Hunt, Kincaid, Lee, R. L. Martin, Odom, Plexico, 

Plyler, Richardson, Shaw, Ward, D. Winner 

On behalf of the Senate, you are charged as follows: 

"Senator Kaplan, you and the members of your committee have been given an 
important task. You are charged with overseeing the capital expenditures of our state. 
You will be responsible for ensuring that North Carolina's financial resources are 
channeled in such a way that the people of our state receive the maximum benefit from 
their use. The demands on you will be great. Our needs in this area far outpace our 
resources. You must examine each request with care and thoroughness, then 
recommend those that will best serve our state. The Senate has faith in your abilities to 
meet the demands and challenges that will face you in the coming days. We thank you 
for your willingness to serve." 

CHILDREN AND HUMAN RESOURCES COMMITTEE 

Chairman: Senator Walker 

Vice-Chairmen: Senator Albertson 

Senator Harris 
Senators: Cochrane, Codington, Cooper, Daniel, Forrester, Perdue, 

Plexico, Richardson, Speed, Tally, Ward 

On behalf of the Senate, you are charged as follows: 

"Our children are our future. We have an obligation to do everything in our power to 
nurture our children thereby ensuring a bright future for our state. It is the duty of your 
committee to carry out this obligation. You will be responsible for seeing that every child 
in our state, regardless of race, gender, financial status or geographic location, has the 
opportunity to succeed in this life. At the same time, you must not neglect the needs of 
the old, the infirmed, and all those bereft of the necessities of life. Direct our resources 
wisely and always with compassion for all." 



CONSTITUTION AND ELECTIONS LAWS COMMITTEE 

Chairman: Senator Hyde 

Vice-Chairman: Senator Folger 

Senators: Ballance, Blackmon, Cooper, Daniel, Kaplan, Lee, Plexico, 

Sands, Walker, D. Winner, L. Winner 

On behalf of the Senate, you are charged as follows: 

"Our Constitution is the foundation of our laws and government, and the right to vote 
one of its most important provisions. You are charged with reviewing bills, proposing 
constitutional changes, and reviewing North Carolina's election laws. Your committee 
is an important one , and the issues you will be dealing with are fundamental to our state ' s 
well being. You must carefully analyze each proposal that comes before you and 
recommend to the Senate those that will best serve North Carolina. Yours is an 
important task, and we appreciate your willingness to serve North Carolina in this way. " 



January 28, 1993 



36 SENATE JOURNAL [Session 

ECONOMIC DEVELOPMENT COMMITTEE 

Chairman: Senator Edwards 

Vice Chairmen: Senator Ballance 

Senator Seymour 
Senators: Blackmon, Cooper, Hoyle, Hyde, Jordan, Kerr, 

R.L. Martin, Plyler, Richardson, Soles, Warren 

On behalf of the Senate, you are charged as follows: 

"A healthy state requires a healthy, robust economy. Senator Edwards, you and the 
members of your committee will be instrumental in seeing to North Carolina's economic 
well-being. You are charged with seeking out ways to improve the economic opportuni- 
ties available to citizens in every community, large and small, in our state. Your work is 
crucial to the future of North Carolina and we thank you for undertaking it." 

EDUCATION/HIGHER EDUCATION COMMITTEE 

Chairman: Senator Perdue 

Vice-Chairmen: Senator Gunter 

Senator Lee 

Senator Warren 
Senators: Cochrane, Conder, Cooper, Edwards, Forrester, Gulley, 

Hartsell, Hoyle, Hunt, Hyde, Marshall, Parnell, Sands, 

Smith, Speed, Ward, L. Winner 

On behalf of the Senate, you are charged as follows: 

"The education of our children is the single most important investment we, as a state, 
make. It is the seed from which the fruits of advancement grow. The work you do this 
Session will be among the most important ever undertaken by this body. You are charged 
with examining the proposals and bills that come before you with care and diligence. 
You must recommend legislation that will make our system of public education the envy 
of the nation and prepare our children to lead North Carolina to a new level of enlight- 
ened prosperity. You also must work to help our Community College and University 
systems reach even higher levels of achievement. Providing leadership on educational 
issues is a difficult job, we thank you for undertaking this important challenge." 

ENVIRONMENT AND NATURAL RESOURCES COMMITTEE 

Chairman: Senator Tally 

Vice-Chairmen: Senator Kerr 

Senator Ward 
Senator: Cochrane, Cooper, Gulley, Gunter, Odom, Plexico, Sands, 

Simpson, Speed, L. Winner 

On behalf of the Senate, you are charged as follows: 

"Your Committee will deal with the important question of the environment and 
development and growth in our State. It is well that, at the same time, you will also deal 
with the broad areas of conservation of our natural resources. 

"Protecting and preserving our environment is critical to continuing the good quality of 
life we have all come to expect in North Carolina. It is our quality of life that has made 
this State a leader. We cannot afford to allow growth and other demands to harm the 



January 28, 1993 



1993] SENATE JOURNAL 37 

valuable resources we have in this State, but we must continue to strive for good 
industries. These goals are not incompatible. 

"You have the responsibility of ensuring that we leave our State as blessed as we found 
it for those who come after us. 

"Our people look to you as guardians of their welfare. We know you will prove worthy 
of their trust." 



FINANCE COMMITTEE 

Chairmen: Senator Hunt 

Senator D. Winner 
Vice-Chairmen: Senator Conder 

Senator Kaplan 
Senators: Allran, Cooper, Hartsell, Johnson, Kerr, Parnell, Sands, 

Seymour, Shaw, Sherron, Soles 

On behalf of the Senate, you are charged as follows: 

"The Finance Committee is entrusted with the responsibility for consideration of 
legislation which affects or may affect the revenue of our State. You are instructed to use 
utmost diligence to assure that our State's revenue capacity remains able to adequately 
fund necessary services. The sound reputation of the State of North Carolina for fiscal 
integrity must never be compromised. You are further instructed to see that our revenue 
laws spread that tax burden fairly among all citizens. 

"The Senate depends on you to review the economic picture of our State and determine 
what proposals will best serve the interest of all our citizens. 

"Each year our finance laws become more complex and more important to our State's 
well-being. 

"The Senate is confident that this Committee will carry out its responsibilities with 
thoroughness and fairness. We appreciate your willingness to serve and wish you well in 
your work." 



INSURANCE COMMITTEE 

Chairman: Senator Parnell 

Vice-Chairmen: Senator Hyde 

Senator Johnson 
Senators: Ballance, Codington, Gunter, Kerr, Kincaid, Lee, 

Wm. Martin, Odom, Sands, Seymour, Smith, Soles 

On behalf of the Senate, you are charged as follows: 

"Available and affordable insurance is of utmost importance to every citizen of this 
State. During the last several years, this Body has taken some important steps which 
have given the Commissioner the tools necessary to provide a healthy insurance 
environment for our State. 

"You and your Committee are being entrusted with the task of considering legislation 
which will affect various aspects of the insurance industry. This Committee must do its 
best to balance the needs of the citizens with the desires of the industry. 

"You and your Committee have been selected with care and we look forward to 
working with you in this important challenge." 



January 28, 1993 



38 SENATE JOURNAL [Session 

JUDICIARY I COMMITTEE 

Chairman: Senator Ballance 

Vice-Chairmen: Senator Folger 

Senator Sands 
Senators: Blackmon, Daniel, Kerr, Lee, Marshall, Richardson, Tally, 

D. Winner 



JUDICIARY II COMMITTEE 

Chairman: Senator Cooper 

Vice-Chairmen: Senator Odom 

Senator Soles 

Senator L. Winner 
Senators: Allran, Gulley, Harris, Hartsell, Hyde, Johnson, 

Wm. Martin, Simpson, Speed 

On behalf of the Senate, you are charged as follows: 

"These two Committees will share in the work undertaken by the Senate Judiciary 
Committees. Judiciary Committees have in the past received technical and complicated 
legislation which cuts across the entire spectrum of the statutory law of our State. This 
Session will be no different from the standpoint of volume and complexity of bills which 
are assigned to the Judiciary Committees. 

"Judiciary I will at times review legislation pertaining to Administrative, Civil and 
Business Law, but primarily it will consider legislation pertaining to the Administration 
of Justice and Criminal Law. Judiciary II may at times address legislation that concerns 
the Administration of Justice and Criminal Law. However, the primary task of Judiciary 
II will be the review of legislation pertaining to Administrative, Business and Civil Law. 

"North Carolina is proud of its strong legal system and we appreciate your willingness 
to undertake this complicated process, which is central to the well-being of our State. 

"We know you will continue the tradition of excellence which has come to be expected 
of Senate Judiciary Committees as you fairly and efficiently proceed with your demanding 
work." 



LOCAL GOVERNMENT AND REGIONAL AFFAIRS COMMITTEE 

Chairman: Senator Folger 

Vice-Chairmen: Senator Gulley 

Senator Richardson 
Senators: Albertson, Allran, Ballance, Edwards, Gunter, Lee, 

Marshall, Shaw, D. Winner, L. Winner 

On behalf of the Senate, you are charged as follows: 

"Better State and local partnerships are critical to our future as the federal government 
abandons and shifts responsibility for programs. As local officials address a growing 
number of complex problems and increased demand for services, we continue to see an 
increase each Session in the number of bills affecting local governments. 

"On many occasions proposed local legislation has state-wide impact. It will be your 
duty to examine each piece of legislation and determine whether passage is in the best 
interest of not only the local citizens but also our entire State. 

"The Senate has confidence in your ability to meet the challenges before you, and we 
thank you for undertaking this vital work." 



January 28, 1993 



1993] SENATE JOURNAL 39 

MANUFACTURING AND LABOR COMMITTEE 

Chairman: Senator Kerr 

Vice-Chairmen: Senator Cooper 

Senator Plexico 
Senators: Albertson, Allran, Ballance, Edwards, Gulley, Gunter, 

Hartsell, Hoyle, Hyde, Kincaid, Perdue, Richardson, 

Seymour, L. Winner 

On behalf of the Senate, you are charged as follows: 

"The treasury of our State would be meager, indeed, if the General Assembly, through 
repressive statutes, discouraged the development of manufacturing. The plight of our 
people would be intolerable, if we, through oppressive laws, should discourage manufac- 
turing. At the same time, the men and women who toil for a living need to know that they 
will be treated with respect and dignity. 

"You will be beset by many demands, some of them at cross purposes. It is your task 
to find a balance between these demands. 

"Grant all of those who come before you a full and fair audience. Treat all with 
courtesy. Be patient. Be fair. 

"Above all else, keep the well-being of our state uppermost in your mind as you make 
your decisions." 

PENSIONS AND RETIREMENT COMMITTEE 

Chairman: Senator Harris 

Vice-Chairman: Senator Edwards 

Senators: Carpenter, Conder, Daniel, Hunt, Johnson, Kaplan, 

Wm. Martin, Plyler, Sherron, Smith, Simpson, Soles, Speed, 

Walker, Ward, D. Winner 

On behalf of the Senate, you are charged as follows: 

"A sound retirement and pension policy is essential as we strive to attract and keep 
good employees serving our State. We appreciate your willingness to look at the State- 
administered retirement benefit and pension plans for public officers and employees. 

"You will be faced with various proposals and it will be your job to consider policies 
that will maintain a sound system for our State. The Senate is confident of your ability to 
guide us properly in this very important work." 



PUBLIC UTILITIES COMMITTEE 

Chairman: Senator Seymour 

Vice-Chairmen: Senator Kerr 

Senator Parnell 
Senators: Carpenter, Cochrane, Forrester, Gulley, Harris, Hoyle, Hunt, 

Johnson, Jordan, R. L. Martin, Perdue, Smith, Tally, Warren 

On behalf of the Senate, you are charged as follows: 

"Members of the Committee on Public Utilities, it would be difficult to exaggerate the 
widespread public concern present throughout North Carolina about the increased high 
cost of utilities. It would likewise be difficult to discover a more complicated legal 
problem than that of rate-making for public utilities. 



January 28, 1993 



40 SENATE JOURNAL [Session 

"We are asking a great deal of you. So are the people. 

"In your deliberation, the Senate charges you to work diligently, to be firm, to be 
fair-minded, and to keep your duty as representatives of the people always before you. " 

RULES AND OPERATION OF THE SENATE COMMITTEE 

Chairman: Senator Sands 

Vice-Chairman: Senator Conder 

Senators: Ballance, Carpenter, Cooper, Daniel, Harris, Hartsell, 

Perdue, Plyler, Seymour, Simpson, Soles, Ward, D. Winner 

On behalf of the Senate, you are charged as follows: 

"The rules governing the operation of this Senate should be structured so as to make us 
efficient as well as fair to all members who have been duly elected by their constituents. 
It will be your duty to monitor the operation of this Senate and to propose modifications to 
our rules when you determine that such are necessary for efficiency and fairness. 

"We are certain that you and your Committee will carry out your assignment for the 
benefit of this Senate and the people of this State." 

STATE PERSONNEL AND STATE GOVERNMENT COMMITTEE 

Chairman: Senator Johnson 

Vice-Chairman: Senator R. L. Martin 

Senators: Allran, Daniel, Folger, Jordan, Wm. Martin, Parnell, Plyler, 

Seymour, Sherron, Simpson, Walker 

On behalf of the Senate, you are charged as follows: 

"The problems and concerns of the people who work in State government are real and 
require the best thinking of this General Assembly. Dedicated State employees make it 
possible for government to serve the public. 

"A caring employer who recognizes the need for proper working conditions and 
adequate pay for work performed, brings about dedicated employees. 

"Likewise, the taxpayers of this State and, indeed, of the whole nation are demanding 
efficiency in government. They deserve no less. We charge you to build carefully, to 
build for the future, and to build with our taxpayers in mind. They have demanded 
efficiency in government; we must provide that efficiency to the people of North 
Carolina. 

"You and your Committee have been chosen because of our confidence in your ability 
to meet the challenge of the work which will confront you. Thank you for your willingness 
to serve." 



TRANSPORTATION COMMITTEE 

Chairman: Senator Speed 

Vice-Chairmen: Senator Hoyle 

Senator Perdue 
Senators: Blackmon, Carpenter, Conder, Folger, Gulley, Hunt, Jordan, 

Lee, Odom, Parnell, Sherron, Smith, Walker 

On behalf of the Senate, you are charged as follows: 

"The problem of construction, maintenance and upgrading of roads in North Carolina 
is a problem that demands continual and diligent review. We want to keep our reputation 



January 28, 1993 



1993] SENATE JOURNAL 41 

as the 'Good Roads State' and ensure that North Carolina's roads will continue to be 
safe corridors of travel for all of their citizens, and at the same time, provide one of the 
means by which North Carolina's economy can grow and flourish. Good jobs follow 
good roads. 

"Senator Speed, you and your committee are charged to examine and re-examine laws 
under which the Department of Transportation operates. Give careful consideration to 
such proposals as may come before you and be always receptive to innovative approaches 
to the problems of transportation. 

"It is your duty to see that we protect and continue to develop this very important 
system and we thank you for undertaking this effort." 

WAYS AND MEANS COMMITTEE 

Chairman : Senator Sherron 

Vice-Chairmen: Senator Plyler 

Senator D. Winner 
Senators: Allran, Codington, Conder, Daniel, Forrester, Harris, Hunt, 

Kaplan, Lee, R. L. Martin, Odom, Plexico, Sands, Shaw, 

Soles, Ward, Warren 

On behalf of the Senate, you are charged as follows: 

"This Committee is responsible for coordinating efforts between the Appropriations 
and Finance Committees in order to carry out our Constitutional mandate of adopting a 
balanced budget. We must weigh the needs of our citizens with our obligation to do what 
is fiscally responsible. You will be called on to review bond issues and other proposals 
that affect our spending and taxing policies. 

"Senator Sherron, your experience in both Finance and Appropriations is invaluable 
to this Senate and the State of North Carolina. As such we are asking you to serve on 
both the Finance and Appropriations Committees. You and your committee are charged 
to work carefully with the Chairmen of both Finance and Appropriations to develop a 
truly balanced budget in the most difficult of times. Your expertise in both committees is 
needed now more than ever. 

"The challenge will be even greater this year to continue to bring our budget into 
balance, considering our varying budget estimates and recent federal tax changes. The 
Senate, in advance, thanks you for accepting this challenge and your willingness to 



GOVERNMENT PERFORMANCE AUDIT SELECT COMMITTEE 

Chairman: Senator Wm. Martin 

Vice-Chairmen: Senator Daniel 

Senator Hunt 

Senator Sands 
Senators: Blackmon, Conder, Hoyle, Lee, Marshall, Perdue, Plyler, 

Shaw, Soles, D. Winner 

On behalf of the Senate, you are charged as follows: 

"Our state cannot grow and prosper as it should without a government that functions 
effectively and efficiently. It shall be the responsibility of this committee to examine 
every proposal pertaining to the operations of state government and to recommend those 
that will help our government achieve the highest level of service possible for the people of 
North Carolina. Senator Martin, you and the members of your committee face a difficult 
task. But we have every confidence in your ability to achieve the goals set before you. " 



January 28, 1993 



42 SENATE JOURNAL [Session 

The Chair recognizes Senator Basnight, who offers the following remarks: 

"Yes, thank you, Mr. Chairman. We did this quickly 'cause we completed them 
about as quickly as we could. If fact, they just brought them into the Chambers a few 
minutes ago and we haven't had time to reproduce them. But we will be doing that, I 
hopefully, right now Roy so the members can have them and take them home over the 
weekend. This obviously will lead the Senate in making the decisions that shapes the 
future of our State. And you as chairmen, and members of the committee, I only ask 
you to do what is in the best interest of the people. And I am certain that you will. 

"You freshman, you new Members of this Body, will obviously note and see that you 
have been given some very prominent roles as members of certain committees. I want to 
see that that prominence that you have been given will give you an opportunity to deliver, 
what I believe and Members of the Body who have been here previously before you, know 
you will be able, and that is your vision of a better North Carolina. 

"If there are some inconveniences to your schedule, as you may find it to be, and 
hopefully there isn't in the committee assignments, I would ask that you get in touch with 
myself or Sandy and we will try to accommodate you as best we can. If you feel that there 
is a change on a committee assignment that would better serve you, let me know and I'll 
certainly try to accommodate you as well. If there are some inconveniences that you feel 
will not best serve your needs as individual Senators because of a certain assignment or 
some, maybe some interference could be found because of your employment or some- 
thing such as that, let us know, also, as well and we will do what we can to make those 
accommodations . 

"I encourage you to use these positions in these assignments to do the things that 
brought you here, and that is to make a better State. And thank you very much for 
accepting the lead as chairmen of these committees and accepting your role as members 
of the individual committees to make a better North Carolina." 

The President Pro Tempore announces changes in the standing committee 
appointments, as follows: 

Pensions and Retirement Committee: Senator Martin of Guilford is removed. 

Children and Human Resources Committee: Senator Martin of Guilford is 
appointed. 

The President recognizes the following pages serving in the Senate this week: 
Jennifer Leigh Allen, Cary; Robert Clyde Burns, Cary; Kionna Monique Coleman, 
Knightdale; Brian Howard Davis, Castalia; Stephanie Fortune, Apex; Andrea Main, 
Raleigh; Maria Marbet, Raleigh; Simon Melcher, Raleigh; Carla Renee McPherson, 
Graham; Christopher Neal Rattican, Roxboro; Katherine Shugart, Wendell; and Joseph 
Peyton Tunstall III, Washington. 

On motion of Senator Basnight, seconded by Senator Shaw, the Senate adjourns at 
3:52 P.M. to meet Monday, February 1, at 8:00 P.M. 



THIRD DAY 

Senate Chamber, 
Monday, February 1, 1993. 



The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 



February 1, 1993 



1993] SENATE JOURNAL 43 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal and Loving God, we pray that Senators and staff have returned to this place 
renewed and ready for the tasks and opportunities of this week. From the outset, Your 
servants have been and will be asked to make important choices and decisions about 
legislation . Some of these decisions will be made easily because the facts are just plain as 
day, others will be painfully difficult because proponents and antagonists will argue 
persuasively to what appears to be a draw. 

"Especially at these times, remind the Senators that the distress of choice is always the 
chance to help others! Amen." 

Senator Basnight, President Pro Tempore, announces that the Journal of Thursday, 
January 28, has been examined and is found to be correct. On his motion the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for tonight to Senator 
Winner of Buncombe and to Senator Hyde, due to an emergency change of law office 
closing and trial of lawsuit. 

OATH OF OFFICE 

The President of the Senate recognizes Senator-elect I. T. "Ted" Kaplan of Forsyth 
County and Senator-elect Daniel R. Simpson of Burke County and directs them to 
approach the dais. With the proper certificates of election received from the Secretary of 
State, the Honorable Rufus Edmisten, the Honorable Dennis A. Wicker, Lieutenant 
Governor and President of the Senate, administers the oath of office, to which they 
respond, as follows: 

"I do solemnly swear that I will support the Constitution and laws of the United States; 
and I do solemnly and sincerely swear that I will be faithful and bear true allegiance to the 
State of North Carolina, and to the constitutional powers and authorities which are or 
may be established for the government thereof; and that I will endeavor to support, 
maintain, and defend the Constitution and laws of said State, not inconsistent with the 
Constitution of the United States, to the best of my knowledge and ability; and I do 
solemnly and sincerely swear that I will faithfully discharge the duties of my office as a 
member of the Senate of the 1993 General Assembly of the State of North Carolina to the 
best of my knowledge and ability, so help me, God." 

The President directs Senator Kaplan of Forsyth and Senator Simpson of Burke to 
assume their seats. 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Harris and Smith: 

S.B. 24, a bill to provide that any juvenile bringing a gun or dangerous weapon to 
school shall be ineligible for a North Carolina drivers license until the juvenile is eighteen 
years of age. 

Referred to Judiciary I Committee. 

By Senators Winner of Buncombe, Allran, Blackmon, Carpenter, Cochrane, 
Codington, Forrester, Hartsell, and Plexico: 

S.B. 25, a bill to provide for a referendum to amend the Constitution to provide for a 
gubernatorial veto. 

Referred to Constitution and Election Laws Committee. 



February 1, 1993 



44 SENATE JOURNAL [Session 

By Senators Daniel and Plyler: 

S.B. 26, a bill to make appropriations to provide capital improvements for State 
departments, institutions, and agencies, and for other purposes. 

Referred to Capital Expenditures Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Daniel and Plyler: 

S.B. 27, a bill to make appropriations for current operations of State departments, 
institutions, and agencies, and for other purposes. 
Referred to Appropriations Committee. 

By Senator Conder: 

S.B. 28, a bill to amend the Constitution to change the composition of the State Board 
of Education, to make the Superintendent of Public Instruction an appointee of the State 
Board of Education, and to make corresponding statutory changes. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Constitution and Election Laws Committee. 

The President recognizes the following pages serving in the Senate this week: 

Carrie Altman, Gibsonville; Jason Edward Brumbelow, New Bern; Stephanie Burge, 
Burlington; Lee Aminah Hines, Wilmington; Hannah Whitney Hull, Elizabeth City; 
Miller McCord Jones, Matthews; Kesha Liles, Lucama; Flynn Taylor Mooring, Rocky 
Mount; Charity Moss, Kings Mountain; Ivy Blades Robinson, Elizabeth City; Bart 
Smith, Yancey ville; Angela Lynn Turner, Goldsboro; Michael A. Walker, Fayette ville; 
and Dena Jo White, Hertford. 

On motion of Senator Basnight, seconded by Senator Walker, the Senate adjourns at 
8:11 p.m. to meet tomorrow, February 2, at 1:30 P.M. 



FOURTH DAY 

Senate Chamber, 
Tuesday, February 2, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as taken from The 
Meaning of Prayer by Harry Emerson Fosdick with amendments: 

Our Heavenly Father, the experience of history is clear. . .there are some things You 
will never do, O Lord, until You find a person who prays. We might well consider that 
sometimes Your will depends on our cooperation. 

We must think. . .Your truth is never blazoned on the sky that we might 

find it without seeking! 

We must work. . . You store the hills with granite but workmen built the 

great buildings. 

We must pray. . .As communication, prayer is one of the three forms of 

our cooperation with You. 

Remind us. . . 

Some things never without thinking 



February 2, 1993 



1993] SENATE JOURNAL 45 

Some things never without working 
Some things never without praying... 

Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
February 1, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Ballance and to Senator Hyde. 

The President acknowledges the floral arrangement sent to members of the Senate by 
Mrs. Gerda B. Pleasants, former Sergeant-at-Arms of the Senate in appreciation for the 
many courtesies extended during her tenure. 



REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Sands, Vice-Chairman, for Senator Ballance, Chairman, for the 
Judiciary I Committee: 

S.B. 10, a bill to modify the certificate of need law, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Proposed Committee 
Substitute bill S10PCS-RM is placed before the Senate for immediate consideration, and 
on his further motion, is adopted. 

With unanimous consent, the Committee Substitute bill is re-referred to the Finance 
Committee. 



INTRODUCTION OF BILL 

A bill filed for introduction is presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Ballance, Hartsell, Winner of Mecklenburg, Marshall, and Plexico: 
S.B. 29, a bill to entitle employees to family and medical leave. 
Referred to the Judiciary II Committee and upon a favorable report, re-referred to 
the Finance Committee. 



REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly 
submit reports (See Addendum) which are ordered placed on file in the Legislative 
Library, as follows: 

Pursuant to Chapter 1030, Section 51 . 16 of the North Carolina Session Laws, Regular 
Session 1992, the General Statutes Commission submits its Report on the Requirements 
of G.S. 47-30(m) and G.S. 89C-26. 

Pursuant to Chapter 754, Section 2.4 of the 1991 Session Laws and Chapter 900, 
Section 22 of the 1991 Session Laws, 1992 Regular Session, the Legislative Research 
Commission submits its Final Report on the North Carolina Indian Cultural Center. 



February 2, 1993 



46 SENATE JOURNAL [Session 

Pursuant to Chapter 754, Section 2.1, Subdivision 29 of the 1991 Session Laws, the 
Legislative Research Commission submits its Final Report on Ways to Promote the 
Conservation of Energy and the Use of Renewable Energy Sources in Residential, 
Commercial, Industrial, and Public Facilities. 

Pursuant to Chapter 754, Sections 2.5 and 2.6 of the 1991 Session Laws, the 
Legislative Research Commission submits its Final Report on Governmental Ethics and 
Lobbying. 

Pursuant to Chapter 754, Section 2.1(23) of the 1991 Session Laws, the Legislative 
Research Commission submits its Report on the Use of Prison Inmates. 

Pursuant to Chapter 754, Section 2.1(30) of the 1991 Session Laws, the Legislative 
Research Commission submits its Final Report on the Rights of Victims of Crimes. 

Pursuant to Chapter 754, Section 2.1(27), (51), and (52) and Chapter 621, Section 
13 of the 1991 Session Laws, the Legislative Research Commission submits its Final 
Report on Solid Waste Control and Disposal Issues. 

Pursuant to Chapter 754, Section 2.1 of the 1991 Session Laws, the Legislative 
Research Commission submits its Final Report on Alternative Approaches to Deal with 
Discrimination in Employment. 

Pursuant to Chapter 754, Section 2.2 of the 1991 Session Laws, the Legislative 
Research Commission submits its Final Report on Child Day Care Issues. 

Pursuant to Chapter 754, Section 2.1(1) of the 1991 Session Laws, the Legislative 
Research Commission submits its Final Report on Revenue Laws. 

The President recognizes Senator Sands, who rises and offers a motion that the 
remarks of all speakers on the First Legislative Day be spread upon the Journal in their 
proper places, which motion prevails. Senator Sands offers a further motion that all 
charges to committee chairmen and their members be spread upon the Journal of the 
Second Legislative Day in their proper places, which motion prevails. 



RECONSIDERATION 

S.B. 10 (Committee Substitute), a bill to modify the certificate of need law. 

Senator Sands offers a motion that the vote by which the motion to re-refer the 
Committee Substitute bill to the Finance Committee prevailed be reconsidered, 
which motion prevails, and the question becomes re-referral of the measure to the 
Finance Committee. 

With unanimous consent, Senator Sands withdraws the motion to re-refer the 
Committee Substitute bill to the Finance Committee. 

Senator Daniel offers Amendment No. 1 which he subsequently withdraws. 

Without objection, on motion of Senator Daniel, the Committee Substitute bill is 
placed on the Calendar for tomorrow for further consideration. 

On motion of Senator Basnight, seconded by Senator Sherron, the Senate adjourns at 
1:47 P.M. to meet tomorrow, February 3, at 1:30 P.M. 



February 2, 1993 



1993] SENATE JOURNAL 47 

FIFTH DAY 

Senate Chamber, 
Wednesday, February 3, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Father, the calling to be a legislator may be one of the most demanding vocations of 
all. 

"As constituents, our desire for good education, roads, justice and health care always 
stands in juxtaposition to securing the resources to fund those desires. Balancing the two 
is the difficult task of our legislators. 

"Grant the Senators a special measure of Your energy, wisdom, and vision for this 
work, and remind us all that 'the office of government is not to confer happiness, but to 
give people the opportunity to work out their own happiness.' Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
February 2, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Hyde. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Conder and Smith: 

S.B. 30, a bill to establish qualified immunity for sports officials. 

Referred to Judiciary II Committee. 

By Senators Cochrane, Carpenter, Martin of Pitt, Richardson, and Speed: 

S.B. 31, a bill to require that the Department of Human Resources study the issue of 

reimbursement for domiciliary care homes and recommend a specific method for rate 

setting. 

Referred to Children and Human Resources Committee. 

By Senators Cochrane, Carpenter, Martin of Pitt, Richardson, and Speed: 
S.B. 32, a bill to appropriate funds to increase funding for in-home aide services and 
caregiver support services. 

Referred to Appropriations Committee. 

By Senators Cochrane, Carpenter, Martin of Pitt, Richardson, and Speed: 

S.B. 33, a bill to appropriate funds for the Long-Term Care Ombudsman Program. 

Referred to Appropriations Committee. 

By Senators Cochrane, Carpenter, Martin of Pitt, Richardson, and Speed: 
S.B. 34, A bill to appropriate funds to increase funding for senior centers. 
Referred to Appropriations Committee. 

By Senators Speed, Cochrane, Carpenter, Martin of Pitt, Richardson, Plyler, Odom, 
Albertson, Ward, Tally, Soles, Allran, Forrester, and Smith: 

S.B. 35, a bill to index the amount of the property tax homestead exemption and the 
amount of the income limit for eligibility for the exemption. 

Referred to Finance Committee. 



February 3, 1993 



48 SENATE JOURNAL [Session 

By Senators Speed, Albertson, Marshall, Ward, Soles, and Carpenter: 
S.B. 36, a bill to allow the limited disclosure of veterinary medical records in the 
Department of Agriculture. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senators Speed, Albertson, Plyler, Warren, Ward, Marshall, Soles, and 
Carpenter: 

S.B. 37, a bill to change the membership of the Commission on Agriculture and 
Seafood Awareness. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senators Speed, Albertson, Plyler, Marshall, Ward, Soles, and Carpenter: 
S.B. 38, a bill to exempt agricultural trailers from motor vehicle lighting requirements 

during daylight hours. 

Referred to Transportation Committee and upon a favorable report, re-referred 

to the Judiciary II Committee. 

By Senators Speed, Albertson, Warren, Marshall, Ward, Soles, and Carpenter: 
S.B. 39, a bill to appropriate funds to meet the capital and operational costs of 

transferring the Department of Agriculture Education from the College of Education and 

Psychology to the College of Agriculture and Life Sciences at North Carolina State 

University. 

Referred to Education/Higher Education Committee and upon a favorable 

report, re-referred to the Appropriations Committee. 

By Senators Speed, Albertson, Marshall, Ward, and Carpenter: 
S.B. 40, a bill to limit the liability of landowners to members of the public entering the 
land for educational and recreational purposes. 
Referred to Judiciary II Committee. 

By Senator Kincaid and Carpenter: 

S.B. 41, a bill to provide for voluntary binding arbitration in medical malpractice 
cases, to establish the Health Care Cost Control Oversight Commission, and to 
implement other health care cost control measures. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Judiciary I Committee. 

By Senator Kincaid and Carpenter: 

S.B. 42, a bill to require the coordination of benefits paid under accident and health 
insurance policies, and to establish minimum deductibles under health and accident 
insurance policies. 

Referred to Insurance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Ward and Tally: 

S.B. 43, a bill to increase the appropriations for exceptional children to bring total 
expenditures for exceptional children to two times the expenditures for nonexceptional 
children. 

Referred to Appropriations Committee. 

By Senators Ward and Tally: 

S.B. 44, a bill directing the State Board of Education to revise the funding formula for 
exceptional children. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 



February 3, 1993 



1993] SENATE JOURNAL 49 

By Senators Albertson, Parnell, Cooper, Jordan, Plyler, Warren, Martin of Pitt, and 
Shaw: 

S.B. 45, a bill to permit the use of the prison enterprise laundry operation in 
emergency situations. 

Referred to Judiciary I Committee. 

By Senators Albertson, Parnell, Cooper, Jordan, Plyler, Warren, Martin of Pitt, and 
Shaw: 

S.B. 46, a bill to establish a pilot program designed to rehabilitate prison inmates and 
reduce recidivism by utilizing a course of study based on developing positive mental 
attitudes. 

Referred to Judiciary I Committee. 

By Senators Albertson, Parnell, Cooper, Jordan, Plyler, and Shaw: 

S.B. 47, a bill to raise the maximum daily wage paid to prisoners by prison enterprises 

and to provide that those wages be paid on an hourly or production-quota basis. 
Referred to Judiciary I Committee and upon a favorable report, re-referred to the 

Appropriations Committee. 

By Senators Perdue, Lee, Forrester, Cochrane, Daniel, Jordan, Gunter, Allran, 
Edwards, Folger, Gulley, Hartsell, Hoyle, Plexico, Seymour, Smith, Speed, Tally, and 
Warren: 

S.B. 48, a bill to give local government units more financial security and restore 
growth to State-collected local revenues and tax-sharing funds. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Perdue and Lee: 

S.B. 49, a bill to add members to the School Site-Based Management Task Force. 
Referred to Education/ Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Forrester, Cochrane, Allran, Smith, Harris, Perdue, Codington, 
Plexico, Shaw, Carpenter, and Hartsell: 

S.B. 50, a bill to reduce the legal limit of blood alcohol from 0.10 to 0.08. 
Referred to Judiciary I Committee. 



CALENDAR 

A bill on the Calendar is taken up and disposed of, as follows: 

S.B. 10 (Committee Substitute) , a bill to modify the certificate of need law. Senator 
Daniel offers Amendment No. 2 which is adopted (48-0). 

The Committee Substitute bill, as amended, passes its second reading (47-0). 

Senator Harris objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, February 4, for further consideration, 
upon third reading. 

Upon motion of Senator Basnight, seconded by Senator Cochrane, the Senate 
adjourns at 2:34 P.M. to meet tomorrow, February 4, at 12:00 Noon. 



February 3, 1993 



50 SENATE JOURNAL [Session 

SIXTH DAY 

Senate Chamber, 
Thursday, February 4, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Honorable Marvin M. Ward, Senator from Forsyth County. 

Senator Basnight, President Pro Tempore, announces that the Journal of yesterday, 
February 3, has been examined and is found to be correct. On his motion the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Hyde. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Odom, Cooper, and Speed: 

S. B. 51 , a bill to authorize counties and cities to expand the fee on owners of improved 
property for solid waste management, to authorize counties to impose a franchise fee, 
and to establish the basis for setting the amount of certain local fees for commercial solid 
waste collection and disposal activities. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Odom, Cooper, and Speed: 

S.B. 52, a bill to prohibit the distribution, sale, and offering for sale of plastic 
containers produced from polyvinyl chloride. 

Referred to Environment and Natural Resources Committee. 

By Senators Odom, Cooper, and Speed: 

S.B. 53, a bill to clarify the authority that a county or city has to require participation 
in a recycling program. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Odom and Speed: 

S. B. 54, a bill to impose an advance disposal tax on small quantities of new household 
hazardous items and to require each county to provide a site for the collection and 
disposal of household hazardous waste. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Odom, Cooper, and Speed: 

S.B. 55, a bill to clarify the General Statutes to include training for incinerator 
operators of solid waste management facilities. 

Referred to Environment and Natural Resources Committee. 

By Senators Odom, Cooper, and Speed: 

S.J.R. 56, a joint resolution authorizing the Legislative Research Commission to 
study solid waste management in North Carolina. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 



February 4, 1993 



1993] SENATE JOURNAL 51 

By Senators Odom, Cooper, and Speed: 

S. B. 57, a bill to increase the scrap tire disposal tax, to provide for the distribution of 
the additional tax proceeds, and to revoke the authority of a unit of local government or a 
contracting party to impose a separate scrap tire disposal fee. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Odom, Cooper, and Speed: 

S.B. 58, a bill to establish a State procurement policy that requires the State to 
purchase products containing recycled materials and establishes certain goals for the 
purchase of goods and supplies made from recycled materials. 

Referred to State Personnel and State Government Committee. 

By Senators Odom, Cooper, and Speed: 

S.B. 59, a bill to prohibit the disposal of certain classes of recyclable solid waste in 
landfills or by incineration. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Odom, Cooper, and Speed: 

S.B. 60, a bill to impose an advance disposal tax on new white goods, to require each 
county to provide a disposal site for white goods, and to provide for the removal of 
chlorofluorocarbons from white goods that contain chlorofluorocarbons. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Jordan, Martin of Guilford, Gulley, Hoyle, and Marshall: 

S.B. 61, a bill to require that applicable local zoning requirements must be satisfied to 

obtain an ABC Permit. 

Referred to Local Government and Regional Affairs Committee and upon a 

favorable report, re-referred to the Finance Committee. 

By Senators Lee, Martin of Pitt, Winner of Buncombe, Seymour, and Gulley: 
S.B. 62, a bill to transfer the rail safety section from the Utilities Commission to the 
Department of Transportation. 

Referred to State Personnel and State Government Committee. 

By Senators Lee, Martin of Pitt, and Gulley: 

S.B. 63, a bill to repeal the two percent restriction on the use of proceeds of the 
Regional Transportation Authority registration tax for administrative purposes. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Lee, Martin of Pitt, Winner of Buncombe, Seymour, and Gulley: 
S.B. 64, a bill to create a rail council within the Department of Transportation and to 
broaden the authority of the Board of Transportation. 
Referred to Transportation Committee. 

By Senators Tally, Sherron, Ward, Odom, Hartsell, Edwards, Carpenter, Seymour, 
Smith, and Cochrane: 

S.B. 65, a bill to authorize the issuance of one hundred twenty million dollars in 
general obligation bonds of the State, subject to a vote of the qualified voters of the State, 
to provide funds through grants, revolving loans, and loans to local government units for 
water supply systems, wastewater collection systems, and wastewater treatment works. 

Referred to Finance Committee. 



February 4, 1993 



52 SENATE JOURNAL [Session 

By Senators Tally, Sherron, Odom, Seymour, and Carpenter: 
S.B. 66, a bill to restructure the fee system for community water systems. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Tally, Sherron, Odom, Carpenter, Seymour, and Cochrane: 

S.J.R. 67, a joint resolution authorizing the Legislative Research Commission to 

study water issues. 

Referred to Rules and Operation of the Senate Committee and upon a 

favorable report, re-referred to the Appropriations Committee. 

By Senators Ballance, Winner of Mecklenburg, Lee, Richardson, Edwards, Hunt, 
Gulley, Jordan, Tally, Plexico, Odom, Kaplan, Marshall, Hartsell, Warren, 
Carpenter, Gunter, Martin of Guilford, Walker, Ward, Seymour, and Soles: 

S.J.R. 68, a joint resolution honoring the late United States Supreme Court Justice, 
Thurgood Marshall. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Cooper, Walker, Ward, Seymour, and Forrester: 
S.B. 69, a bill to establish the Public Health Study Commission. 
Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

ADDITIONAL ENDORSEMENT 

Senator Martin of Guilford requests to be recorded endorsing a bill previously 
introduced: 

S.B. 48, a bill to give local government units more financial security and restore 
growth to State-collected local revenues and tax-sharing funds. 

CALENDAR 

A bill on the Calendar is taken up and disposed of as follows: 

S.B. 10 (Committee Substitute), a bill to modify the certificate of need law, as 
amended, upon third reading. 

On motion of Senator Daniel, further consideration of the Committee Substitute bill, 
as amended, is postponed until Tuesday, February 9. 

On motion of Senator Basnight, seconded by Senator Sands, the Senate adjourns at 
12:15 P.M. in memory of Margaret Best Royall, mother of Kenneth C. Roy all, Jr., 
former Senator from Durham County and Deputy President Pro Tempore of the Senate, 
to meet Monday, February 8, at 7:00 P.M. 



SEVENTH DAY 

Senate Chamber, 
Monday, February 8, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, with excerpts from 
As A Man Thinketh by James Allen, as follows: 



February 8, 1993 



1993] SENATE JOURNAL 53 

"Dear God and Father: we are a hurried people. It is difficult most times to look 
beyond the next committee meeting, luncheon engagement, or doctor's appointment. 

"In all our 'busyness, ' allow us a few minutes each day to be dreamers. . .for dreamers 
are the saviors of this world. . .architects of the future. Our vision is the promise of what 
we shall one day be ; our ideal the prophecy of what we shall at last unveil . Just as the oak 
sleeps in the acorn, our dreams are the seedlings of reality. 

"Empower Your servants here, O Lord, to be great visionaries on behalf of the people 
of this State. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
February 4, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written 

With unanimous consent, the President grants a leave of absence for tonight to Senator 
Daniel and to Senator Hartsell, delayed by automobile trouble. 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Speed and Albertson: 

S.B. 70, a bill to permit the inspection of ostriches and other ratites under the Meat 
Inspection Act. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and 
upon a favorable report, re-referred to the Finance Committee. 

By Senators Parnell, Albertson, and Jordan: 

S.B. 71, a bill to extend the time for applying for an initial exemption concerning fire 
sprinkler contractors. 

Referred to Manufacturing and Labor Committee. 

By Senators Parnell, Martin of Pitt, Ward, Sherron, Plyler, Allran, Albertson, and 
Jordan: 

S.B. 72, a bill to establish regional response teams for hazardous materials 
emergencies in North Carolina. 

Referred to Manufacturing and Labor Committee. 

By Senator Carpenter: 

S.B. 73, a bill to provide additional services for handicapped persons at motor fuel 
facilities . 

Referred to Transportation Committee, and upon a favorable report, re-referred 
to the Finance Committee. 

By Senators Parnell, Martin of Pitt, Ward, Sherron, Plyler, Allran, Albertson, and 
Jordan: 

S.B. 74, a bill to provide for limited leave with pay for State employees who are 
certified disaster volunteers. 

Referred to State Personnel and State Government Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Parnell, Martin of Pitt, Ward, Sherron, Plyler, Allran, Albertson, and 
Jordan: 

S.B. 75, a bill to authorize the continuation of the Emergency Management Issues 
Study. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 



February 8, 1993 



54 SENATE JOURNAL [Session 

By Senator Winner of Buncombe: 

S. B. 76, a bill to eliminate expense allowances for legislators, and to set their salaries 
at a percentage of that of Senior Resident Superior Court Judges. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Winner of Buncombe, Martin of Guilford, and Seymour: 
S.B. 77, a bill to provide that the Governor and Lieutenant Governor run as a joint 
ticket in the general election, and to provide that the Lieutenant Governor shall be 
nominated by party executive committee, rather than under the primary act. 
Referred to Constitution and Election Laws Committee. 

By Senators Winner of Buncombe, Kaplan, Martin of Guilford, and Seymour: 
S.B. 78, a bill to change the date of the primary to the first Tuesday in September. 
Referred to Constitution and Election Laws Committee. 

By Senators Winner of Buncombe and Seymour: 

S.B. 79, a bill to amend the Constitution of North Carolina to provide for four-year 
terms for members of the legislature and limit them to three consecutive terms in a house. 
Referred to Constitution and Election Laws Committee. 

By Senators Plexico and Seymour: 

S.B. 80, a bill to appropriate funds to provide for a statewide Independent Living 
Rehabilitation Program. 

Referred to Appropriations Committee. 



WITHDRAWAL FROM COMMITTEE 

S. J.R. 68, a joint resolution honoring the late United States Supreme Court Justice, 
Thurgood Marshall, referred to Rules and Operation of the Senate Committee 
on February 4. 

Senator Sands offers a motion that the rules be suspended and the joint resolution be 
taken from the Rules and Operation of the Senate Committee and placed before 
the Senate for immediate consideration, which motion prevails. 

The joint resolution is placed before the Senate and the question becomes the passage 
of the measure and on motion of Senator Ballance is read in its entirety. 

The joint resolution passes its second (45-0) and third readings and is ordered, on 
motion of Senator Ballance, without objection, sent to the House of Representatives by 
special messenger. 



ADDITIONAL ENDORSEMENT 

Senator Conder requests to be recorded endorsing a bill previously introduced: 
S. J.R. 68, a joint resolution honoring the late United States Supreme Court Justice, 
Thurgood Marshall. 

The President recognizes the following pages serving in the Senate this week: 

Walter Clifton Brown, Rocky Mount; Emily Ann Fisher, Charlotte; Harold T. "Chip" 
Friddle, Jr., Burlington; Shelton L. Harris, Norlina; Billy Thomas Henderson, 
Yanceyville; Kara Kleinschmidt, Greenville; Aubrey Livingston, Greenville; Lee 
Carraway "Carrie" Merritt, Atlantic Beach; Luther Eugeue "Luke" Ray, Mooresville; 
Amanda C. Rose, Rocky Mount; Shannon Russell, Raleigh; William E. Singleton, Jr., 
Shelby; Robin Moorefield Smith, Semora; Dana Michele Wallace, Rocky Mount; 
Sandra Louise "Sandi" Watson, Wilson; Adam Yates Wells, Wake Forest; and Neil 
Aaron Williamson, Burlington. 



February 8, 1993 



1993] SENATE JOURNAL 55 

On motion of Senator Basnight, seconded by Senator Sands, the Senate adjourns at 
7:35 P.M. to meet tomorrow, February 9, at 1:30 P.M. 



EIGHTH DAY 

Senate Chamber, 
Tuesday, February 9, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Father: we are far too easily pleased! 

"We abandon the idea that life can be lived with any sense of real joy and accept as 
substitute the concept that we can live, at least, unselfishly. Being unselfish is not a bad 
alternative, but it was never meant to be an end in itself. 

"The Psalmist said it for us, 'Create in me a clean heart, O God, and put a right spirit 
within me. . .Restore to me the joy of Your salvation. ' 

"Restore to us that same joy, O Lord. Is it neither too little nor too much for which to 
ask? What a great difference joy will make in the way that we live this very day. Amen. " 

Senator Basnight, President Pro Tempore, announces the Journal of Monday, 
February 8, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Soles, due to personal business (court). 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Warren and Martin of Pitt: 

S.B. 81, a bill to appropriate funds for the acquisition of land for East Carolina 
University. 

Referred to Capital Expenditures Committee. 

By Senators Warren and Martin of Pitt: 

S.B. 82, a bill to appropriate funds for library expansion at East Carolina University. 

Referred to Capital Expenditures Committee. 

By Senators Carpenter and Plexico: 

S.B. 83, a bill to allow Macon County to rename all roads within unincorporated 
areas of the County. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Johnson, Sherron, and Simpson: 

S.B. 84, a bill to establish a Comprehensive Compensation System for State 
employees subject to Chapter 126 of the General Statutes and to direct the distribution of 
appropriations for implementation of this Comprehensive Compensation System. 

Referred to State Personnel and State Government Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 



February 9, 1993 



56 SENATE JOURNAL [Session 

By Senators Hyde, Plexico, and Simpson: 

S.B. 85, a bill to appropriate funds to the Mountain Area Study Commission. 
Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Hyde, Plexico, and Simpson: 

S.B. 86, a bill to continue and expand the charge of the Mountain Area Study 
Commission. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Forrester, Odom, Smith, Allran, Blackmon, and Hoyle: 

S.B. 87, a bill to require consent of the Board of Commissioners of Catawba, Gaston, 

Iredell, and Lincoln Counties before land may be condemned or acquired by a unit of 

local government outside the county. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Carpenter: 

S.B. 88, a bill to appropriate funds to Nantahala Volunteer Fire and Rescue, 
Incorporated. 

Referred to Capital Expenditures Committee. 

By Senators Walker, Forrester, Plexico, Richardson, and Cochrane: 
S.B. 89, a bill to establish the Legislative Study Commission on Child Care Issues. 
Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Odom, Cooper, and Speed: 

S.B. 90, a bill to promote the source reduction of waste in State purchasing. 

Referred to State Personnel and State Government Committee. 

By Senators Plexico, Cooper, Ballance, Allran, Hunt, Soles, Martin of Guilford, 
Forrester, Seymour, Tally, Hartsell, Gunter, Daniel, and Lee: 

S.B. 91 , a bill to provide that, under the temporary budget flexibility extended to cer- 
tain institutions in the University of North Carolina System, a designated portion of any 
retained reversions may be used for energy conservation improvements. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Plexico, Cooper, Ballance, Allran, Hunt, Soles, Martin of Guilford, 
Forrester, Seymour, Tally, Hartsell, Daniel, Gunter, and Lee: 

S.B. 92, a bill to expand the current Energy Policy for State Government to apply to 
the construction, operation, and renovation of State facilities and to the purchase, 
operation, and maintenance of equipment. 

Referred to State Personnel and State Government Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Plexico, Cooper, Ballance, Allran, Hunt, Soles, Martin of Guilford, 
Forrester, Seymour, Tally, Blackmon, Daniel, Gunter, and Lee. 

S.B. 93, a bill to require the local boards of education to use the energy guidelines for 
school design and construction and to require energy-use goals and standards in order to 
assure the construction of energy efficient new schools and school renovations. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 



February 9, 1993 



1993] SENATE JOURNAL 57 

By Senators Plexico, Cooper, Ballance, Allran, Hunt, Soles, Martin of Guilford, 
Hartsell, Seymour, Tally, Daniel, and Lee. 

S.B. 94, a bill to authorize units of local government, local school boards, and 
community colleges to enter into guaranteed energy savings contracts in order to finance 
energy conservation measures in local public facilities. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Plexico, Cooper, Seymour, Allran, Martin of Guilford, Lee, Tally, 
Forrester, Hartsell, Soles, Daniel, and Ballance. 

S.B. 95, a bill to require annual department budget requests to include a separate line 
item for energy expenses; to authorize the Department of Administration to enter into 
alternative financing agreements for the purchase of energy conservation measures; to 
establish the State Facilities Energy Conservation Program; and to authorize the 
issuance of bonds that are secured by an interest in the property purchased. 

Referred to State Personnel and State Government Committee and upon a 
favorable report, re-referred to the Finance Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Perdue, Conder, and Shaw: 

S.B. 96, a bill to modify the water column leases in Article 16 of Chapter 113 of the 
General Statutes. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senators Perdue, Conder, and Shaw: 

S.B. 97, a bill to amend the General Statutes to authorize the Governor to appoint a 
spouse of a commercial fisherman to serve on the Marine Fisheries Commission in the 
place of the commercial fisherman. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senators Perdue, Conder, and Shaw: 

S.B. 98, a bill to appropriate funds to continue the Shellfish Enhancement Program. 

Referred to Appropriations Committee. 

By Senators Perdue, Conder, and Shaw: 

S.B. 99, a bill to transfer authority from the Wildlife Resources Commission to the 
Department of Agriculture to regulate the production and sale of commercially raised 
freshwater fish and freshwater crustacean species. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senators Perdue, Conder, and Shaw: 

S.B. 100, a bill to vest authority in the Secretary of Environment, Health, and 
Natural Resources to grant shellfish cultivation leases. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senator Perdue: 

S.B. 101, a bill to authorize locals boards of education to waive the age requirements 
for enrollment in public schools. 

Referred to Education/Higher Education Committee. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives, transmitting the 
following bill, which is read the first time and disposed of, as follows: 

H.B. 43, a bill to appoint members of the Whiteville City Board of Education. 
Referred to Education/Higher Education Committee. 



February 9, 1993 



58 SENATE JOURNAL [Session 

CALENDAR 

A bill on the Calendar is taken up and disposed of, as follows: 

S.B. 10 (Committee Substitute), a bill to modify the certificate of need law, as 
amended, upon third reading. 

Senator Daniel offers Amendment No. 3 which is adopted (49-0). 

Senator Daniel offers Amendment No. 4 which is adopted (48-0). 

The Committee Substitute bill, as amended, passes its third reading (48-1) and is 
ordered engrossed and sent to the House of Representatives. 

INTRODUCTION OF RESOLUTION 

Senator Sands offers a motion that Rule 40 be suspended to allow the introduction of 
the following Senate simple resolution filed earlier today, which motion prevails by a 
two-thirds majority vote. 

By Senator Perdue: 

S.R. 102, a Senate simple resolution to establish the procedure for nominating and 
electing members of the Board of Governors of the University of North Carolina. 

Referred to Education/Higher Education Committee. 

On motion of Senator Basnight, seconded by Senator Edwards, the Senate adjourns at 
2:00 P.M. to meet tomorrow, Wednesday, February 10, at 1:30 P.M. 



NINTH DAY 

Senate Chamber, 
Wednesday, February 10, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, the men and women of the Senate know that great lawmaking is effected 
when collaboration enjoins aspiration for the greater good of the people. It is also true 
that worthy ideas for legislation often come when the Senators travel in their districts, see 
the faces of people, and hear their stories. 

"Our relationship with You is quite similar. Petitions and aspirations for the greater 
good are lifted skyward, but You are also ever present to work alongside and through us. 

"We live most productively when our relationship with You, O God, is both vertical 
and horizontal. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Tuesday, 
February 9, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Plexico, who is sick. 

The Chair extends courtesies of the floor to Helen Rhyne Marvin, former Senator from 
Gaston County and to Arthur W. Williamson, former Senator from Columbus County. 
The Chair further extends courtesies of the gallery to William D. Goldston, Jr. , former 
Senator from Rockingham County and to Thurman B. Hampton, Secretary of the 
Department of Crime Control and Public Safety. 



February 10, 1993 



1993] SENATE JOURNAL 59 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Smith and Forrester: 

S.B. 103, a bill to raise the force account limit for the City of Mooresville. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Plyler, Odom, and Plexico: 

S.B. 104, a bill to appropriate additional funds for the Cancer Control Program in the 
Department of Environment, Health, and Natural Resources. 
Referred to Appropriations Committee. 

By Senators Plyler, Odom, and Plexico: 

S.B. 105, a bill to appropriate funds for the Cancer Control Program in the Depart- 
ment of Environment, Health, and Natural Resources to cover one hundred percent of 
the federal poverty level. 

Referred to Appropriations Committee. 

By Senators Plyler, Odom, and Plexico: 

S.B. 106, a bill to authorize the Director of the Budget to allocate additional funds for 
the remainder of the 1992-93 fiscal year. 
Referred to Appropriations Committee. 

By Senators Plyler, Martin of Guilford, Plexico, and Smith: 

S.J.R. 107, a joint resolution requesting the Legislative Research Commission to 
continue its study of fire and occupational safety issues. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Plyler, Martin of Guilford, and Plexico: 

S.B. 108, a bill to amend the statute of repose for products liability actions. 

Referred to Judiciary II Committee. 

By Senators Plyler, Martin of Guilford, and Plexico: 

S.B. 109, a bill requiring certain detail in the decisions and reports of the OSHA 
Review Board. 

Referred to Judiciary II Committee. 

By Senators Warren, Allran, Lee, Sands, Speed, and Jordan: 

S.B. 110, a bill to allow local school boards to request waivers for central office staff 
as provided by the School Improvement and Accountability Act. 
Referred to Education/Higher Education Committee. 

By Senators Warren, Allran, Lee, Sands, Speed, and Jordan: 

S.J.R. Ill, a joint resolution to approve a system to develop and implement a system 

for building improvement reports. 

Referred to Education/Higher Education Committee and upon a favorable 

report, re-referred to the Rules and Operation of the Senate Committee. 

By Senators Martin of Guilford, Odom, and Jordan: 

S.B. 112, a bill to allow injured employees to select or change treating physicians in 
workers' compensation cases. 

Referred to Manufacturing and Labor Committee and upon a favorable report, 
re-referred to the Judiciary II Committee. 



February 10, 1993 



60 SENATE JOURNAL [Session 

By Senators Martin of Guilford, Plyler, Odom, Conder, Daniel, and Jordan: 
S.B. 113, a bill to require that publicly funded job training programs include health 

and safety training. 

Referred to Manufacturing and Labor Committee and upon a favorable report, 

re-referred to the Judiciary II Committee. 

By Senators Martin of Guilford and Jordan: 

S.B. 1 14 , a bill to repeal the statute of repose for the collection of death benefits under 
the Workers' Compensation Act. 

Referred to Manufacturing and Labor Committee and upon a favorable report, 
re-referred to the Judiciary II Committee. 

By Senators Martin of Guilford and Jordan: 

S.B. 115, a bill to provide a cause of action to employees injured or killed by the 
intentional removal of or failure to install a machine safety guard. 

Referred to Manufacturing and Labor Committee and upon a favorable report, 
re-referred to the Judiciary II Committee. 

By Senators Martin of Guilford, Daniel, Plyler, Sherron, Hunt, Conder, Kaplan, 
Lee, Speed, and Jordan: 

S.B. 116, a bill to implement the recommendation of the Horse Racing in North 
Carolina Legislative Research Commission Study Committee to establish the North 
Carolina Racing Commission, after a binding referendum, to develop a program of horse 
racing for North Carolina, and to provide funds for development of the equine industry in 
North Carolina. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and 
upon a favorable report, re-referred to the Judiciary I Committee and upon a 
favorable report, re-referred to the Finance Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 



REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly 
submit reports (See Addendum) which are ordered placed on file in the Legislative 
Library, as follows: 

Pursuant to Chapter 900, Section 105 of the 1991 Session Laws, the Department of 
Transportation submits its Report on Substandard Bridges. 

Pursuant to Chapter 689, Section 30 of the 1991 Session Laws, the Computer Services 
Study Commission submits its Report. 



WITHDRAWAL FROM COMMITTEE 

H.B. 43, a bill to appoint members of the Whiteville City Board of Education, 
referred to Education/Higher Education Committee on February 9. 

Senator Soles offers a motion that the rules be suspended and the bill be taken from the 
Education/Higher Education Committee and placed before the Senate for 
immediate consideration. Senator Sands offers a substitute motion that the motion 
offered by Senator Soles be temporarily displaced. The motions are subsequently 
withdrawn. 



February 10, 1993 



1993] SENATE JOURNAL 61 

REPORT OF COMMITTEE 

A Senate simple resolution is reported from a standing committee, read by its title, 
together with the report accompanying it, and takes its place on the Calendar, as follows: 

By Senator Perdue for the Education/Higher Education Committee: 

S.R. 102, a Senate simple resolution to establish the procedure for nominating and 
electing members of the Board of Governors of the University of North Carolina, with a 
favorable report as to adoption. 

WITHDRAWAL FROM COMMITTEE 

H.B. 43, a bill to appoint members of the Whiteville City Board of Education, 
referred to Education/Higher Education Committee on February 9. 

Senator Perdue offers a motion that the rules be suspended and the bill be taken from 
the Education/Higher Education Committee and placed before the Senate for 
immediate consideration, which motion prevails with unanimous consent. 

The bill passes its second (45-0) and third readings and is ordered enrolled. 

On motion of Senator Basnight, seconded by Senator Blackmon, the Senate adjourns 
at 1:48 P.M. to meet tomorrow, Thursday, February 11, at 12:30 P.M. 



TENTH DAY 

Senate Chamber, 
Thursday, February 11, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Our Loving God, forgive us that we are so anxious, in what we say and do to have the 
approval of others, forgetting that it is Your approval that brings us peace of mind and 
clear conscience. 

"We need to remember that there is no party in integrity, no politics in goodness. We 
pray for Your grace and Your help to do better and to be better. 

"Give safe journey to the Senators and staff as they return to their homes and families 
this weekend. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Wednesday, 
February 10, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Soles and to Senator Richardson. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bill and resolution properly enrolled, and 
they are duly ratified and sent to the Office of the Secretary of State: 



February 11, 1993 



62 SENATE JOURNAL [Session 

H.B. 43, an act to appoint members of the Whiteville City Board of Education. 
(Ch. 1) 

S. J.R. 1, a joint resolution informing His Excellency, Governor James B. Hunt, Jr. , 
that the General Assembly is organized and ready to proceed with public business and 
inviting the Governor to address a joint session of the Senate and House of 
Representatives. (Res. 1) 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Ward, Kaplan, and Cochrane: 

S.B. 117, a bill relating to illegally parked vehicles. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Johnson, Sherron, and Simpson: 

S.B. 118, a bill to change the process of appealing under the State Personnel Act 
certain personnel decisions of local appointing authorities. 

Referred to State Personnel and State Government Committee. 

By Senators Johnson, Sherron, Simpson, and Daniel: 

S.B. 119, a bill to create the Study Commission on the State Personnel System and to 
appropriate funds to the Study Commission. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Johnson, Sherron, and Simpson: 

S.B. 120, a bill to authorize a study of the administration of the State's flexible 
compensation program for State employees. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Johnson, Sherron, Simpson, and Daniel: 

S.B. 121, a bill to correct inequities in the salaries of equally qualified minorities, 
females, and white males subject to the State Personnel Act within occupational 
categories in State employment. 

Referred to State Personnel and State Government Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Richardson, Ballance, Edwards, Walker, Lee, Jordan, Martin of 
Guilford, Hunt, and Conder. 

S.B. 122, a bill to authorize the Division of Motor Vehicles to issue specialized 
registration plates bearing the emblem of the Optimist Club. 

Referred to Transportation Committee and upon a favorable report, re-referred 
to the Finance Committee. 

By Senators Warren, Allran, Lee, Sands, and Speed: 

S.B. 123, a bill to change the reporting requirements of the Charlotte-Mecklenburg 
School funding pilot, to define "World Class Pilot School" and to make other technical 
and conforming changes. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Warren, Allran, Lee, Sands, Smith and Speed: 

S.B. 124, a bill to amend the Teacher Training Task Force to add teacher members 
and make other clarifying changes. 

Referred to Education/ Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 



February 11, 1993 



1993] SENATE JOURNAL 63 

By Senators Winner of Buncombe, Odom, and Kerr: 

S. B. 125, a bill to provide that a purchase money security interest continues when the 
underlying agreement is modified with same creditor. 
Referred to Judiciary II Committee. 

By Senators Winner of Buncombe and Daniel: 

S. B. 126, a bill to provide for free annual hunting and fishing licenses for persons age 
sixty-five and older. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and 
upon a favorable report, re-referred to the Finance Committee. 

By Senator Winner of Buncombe: 

S.B. 127, a bill to modify the driving while impaired laws with respect to vehicles 
operated in business and to modify the felony murder by vehicle statutes. 
Referred to Judiciary I Committee. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
February 10, 1993 

Mr. President: 

It is ordered that a message be sent to the Senate informing that Honorable Body that 
the Speaker of the House of Representatives has appointed the following officers: 

Reading Clerk Lisa Foster Smith 

Sergeant-at-Arms Oscar Tyson 

Respectfully, 
S/Denise Weeks 
Principal Clerk 



APPOINTMENTS TO COMMITTEES 

The President Pro Tempore announces and submits changes in appointments to stand- 
ing committees. With unanimous consent, on motion of Senator Basnight, the reading 
of the appointments is dispensed with and on his further motion, are spread upon the 
Journal, as follows: 

Agriculture, Marine Resources and Wildlife Committee 

Senator Kincaid is named Vice-Chairman. 

Senator Perdue is added. 

Senator Simpson is added and named Ranking Minority Member. 

Appropriations Committee 

Senator Kincaid is named Vice-Chairman and Ranking Minority Member. 

Appropriations on Department of Transportation 

Senator Kaplan is named Vice-Chairman. 

Senator Carpenter is named Ranking Minority Member. 

Senator Speed is added. 



February 11, 1993 



64 SENATE JOURNAL [Session 

Appropriations on Education Committee 

Senator Warren is named Vice-Chairman. 
Senator Smith is named Ranking Minority Member. 
Senator Edwards is added. 
Senator Gunter is removed. 

Appropriations on General Government Committee 

Senator Martin of Guilford is named Vice-Chairman. 
Senator Codington is named Ranking Minority Member. 
Senator Conder and Senator Gunter are added. 
Senator Edwards and Senator Speed are removed. 

Appropriations on Human Resources Committee 

Senator Harris is named Vice-Chairman. 

Senator Forrester is named Ranking Minority Member. 

Appropriations on Justice and Public Safety Committee 

Senator Ballance is named Vice-Chairman. 

Senator Blackmon is named Ranking Minority Member. 

Appropriations on Natural and Economic Resources Committee 

Senator Tally is named Vice-Chairman. 

Senator Cochrane is named Ranking Minority Member. 

Banks and Thrift Institutions Committee 

Senator Kincaid is named Ranking Minority Member. 

Capital Expenditures Committee 

Senator Simpson is added and named Ranking Minority Member. 
Senator Martin of Guilford and Senator Smith are added. 

Children and Human Resources Committee 

Senator Forrester is named Ranking Minority Member. 
Senator Allran, Senator Gunter, and Senator Winner of Mecklenburg are 
added. 

Standing Subcommittee on Veteran and Military Affairs, and Senior 
Citizens 

Senator Harris is named Chairman. 
Senator Cochrane 
Senator Daniel 
Senator Speed 
Senator Tally 

Constitution and Election Laws Committee 

Senator Hartsell is added. 

Senator Smith is added and named Ranking Minority Member. 

Economic Development Committee 

Senator Allran is added. 

Senator Carpenter is added and named Ranking Minority Member. 



February 11, 1993 



1993] SENATE JOURNAL 65 

Education/Higher Education Committee 

Senator Smith is named Vice-Chairman. 

Senator Cochrane is named Ranking Minority Member. 

Senator Parnell is removed. 

Environment and Natural Resources Committee 

Senator Cochrane is named Vice-Chairman. 

Senator Blackmon is added and named Ranking Minority Member. 

Finance Committee 

Senator Sherron is named Vice-Chairman. 

Senator Allran is named Ranking Minority Member. 

Insurance Committee 

Senator Smith is named Vice-Chairman. 

Senator Kincaid is named Ranking Minority Member. 

Senator Harris is added. 

Judiciary I Committee 

Senator Kerr is named Vice-Chairman. 

Senator Codington and Senator Parnell are added. 

Senator Hartsell is added and named Ranking Minority Member. 

Judiciary II Committee 

Senator Allran is named Ranking Minority Member. 
Senator Carpenter and Senator Plexico are added. 
Senator Hartsell is removed. 

Local Government and Regional Affairs Committee 

Senator Hartsell is added and named Ranking Minority Member. 

Manufacturing and Labor Committee 

Senator Allran is named Vice-Chairman. 

Senator Kincaid is named Ranking Minority Member. 

Senator Gunter and Senator Perdue are removed. 

Pensions and Retirement Committee 

Senator Carpenter is named Ranking Minority Member. 
Senator Forrester is added. 

Public Utilities Committee 

Senator Cochrane is named Ranking Minority Member. 
Senator Soles is added. 

Rules and Operation of the Senate Committee 

Senator Hartsell is named Ranking Minority Member. 
Senator Blackmon, Senator Odom, Senator Martin of Pitt, and Senator 
Parnell are added. 

State Personnel and State Government Committee 

Senator Simpson is named Vice-Chairman and Ranking Minority Member. 
Senator Cochrane and Senator Kerr are added. 



February 11, 1993 



66 SENATE JOURNAL [Session 

Transportation Committee 

Senator Smith is named Ranking Minority Member. 

Senator Allran, Senator Seymour, and Senator Warren are added. 

Ways and Means Committee 

Senator Allran is named Ranking Minority Member. 

Government Performance Audit Select Committee 

Senator Blackmon is named Ranking Minority Member. 

Senator Cochrane, Senator Forrester, and Senator Walker are added. 

CALENDAR 

A Senate simple resolution on the Calendar is taken up and disposed of, as follows: 

S.R. 102, a Senate simple resolution to establish the procedure for nominating and 
electing members of the Board of Governors of the University of North Carolina, for 
adoption. 

On motion of Senator Perdue, the Senate simple resolution is adopted (40-0). 

(The text of this resolution appears in the Appendix.) 

APPOINTMENT TO COMMITTEE 

The President Pro Tempore, Senator Basnight, announces the appointment of Senator 
Sherron as a Vice-Chairman of the Government Performance Audit Select 
Committee. 



ESCORT COMMITTEE 

The Chair recognizes Senator Basnight, President Pro Tempore, who rises and 
appoints Senator Soles, Senator Condor, Senator Ballance, and Senator Perdue as a 
Committee on the part of the Senate to greet and escort the Honorable James B. Hunt, 
Jr. , Governor of the State of North Carolina, to the Joint Session in the Hall of the House 
of Representatives on Monday, February 15, at 7:00 P.M. 

On motion of Senator Basnight, seconded by Senator Gunter, the Senate adjourns at 
12:50 P.M. to meet Monday, February 15, at 6:30 P.M. 



ELEVENTH DAY 

Senate Chamber, 
Monday, February 15, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God: in this place where great laws are written, let us remember also to take 
Your laws seriously. Obedience to them must not be made easy, otherwise we devalue 
Who You and and What You mean to our very existence. 



February 15, 1993 



1993] SENATE JOURNAL 67 

"And so, as this Session continues, allow the Scripture's two greatest laws to inform 
and underwrite all the lawmaking that goes on here. We are to love You and love our 
neighbor as ourselves. On these two commandments, inevitably, hang all the laws! 
Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
February 11, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for tonight to Senator 
Hartsell, who is attending a county commissioners' meeting and who is also a trial 
witness. 

The Chair extends courtesies of the floor to William W. Staton, former Senator from 
Lee County. 

APPOINTMENT OF ESCORT COMMITTEE 

Pursuant to S.J. R. 1, a joint resolution informing His Excellency, Governor James B. 
Hunt, Jr., that the General Assembly is organized and ready to proceed with public 
business and inviting the Governor to address a joint session of the Senate and House of 
Representatives, the Presiding Officer after consultation with the President Pro 
Tempore, appoints Senator Soles, Senator Conder, Senator Ballance, Senator Perdue, 
and Senator Cochrane as a committee on the part of the Senate, to greet and escort the 
Governor of North Carolina, the Honorable James B. Hunt, Jr. , to the Joint Session in 
the Hall of the House of Representatives. 

INTRODUCTION OF BILLS AND RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Winner of Buncombe, Kerr, Plexico, and Seymour: 
S.B. 128, a bill to exempt certain transfers of vehicles from the highway use tax. 
Referred to Transportation Committee and upon a favorable report, re-referred 
to the Finance Committee. 

By Senators Winner of Buncombe, Kerr, Plexico, and Seymour: 
S.B. 129, a bill to lower the minimum highway use tax. 
Referred to Finance Committee. 

By Senators Plyler and Conder: 

S.B. 130, a bill to modify the distribution of the profits from the City of Monroe ABC 
System. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 131, a bill to implement a recommendation of the Government Performance 
Audit Committee to reduce the staff of the Division of Purchase and Contract of the 
Department of Administration. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 132, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Secretary of Administration to designate a minority 
business coordinator. 

Referred to Rules and Operation of the Senate Committee. 



February 15, 1993 



68 SENATE JOURNAL [Session 

By Senator Martin of Guilford and Blackmon: 

S.B. 133, a bill to implement a recommendation of the Government Performance 
Audit Committee to reduce the amount of time it takes the State to procure goods and 
services. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 134, a bill to implement a recommendation of the Government Performance 
Audit Committee directing the Secretary of Administration to development and 
implement innovative government procurement practices. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 135, a bill to implement a recommendation of the Government Performance 
Audit Committee to clarify policy concerning correction enterprises. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 136, a bill to implement a recommendation of the Government Performance 
Audit Committee to redirect staff positions in the Division of Purchase and Contract of 
the Department of Administration. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 137, a bill to implement a recommendation of the Government Performance 
Audit Committee to provide for the development and implementation of a management 
information system on purchase activity by State departments and agencies. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 138, a bill to implement a recommendation of the Government Performance 
Audit Committee to require that the General Assembly update the general fund financial 
model each year. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford: 

S.B. 139, a bill to implement a recommendation of the Government Performance 
Audit Committee to collect information on contracting capital projects and to develop 
strategies and goals for using single prime contractors. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 140, a bill to implement a recommendation of the Government Performance 
Audit Committee to revise the requirement that agencies must buy all items via State term 
contracts. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 141, a bill to implement a recommendation of the Government Performance 
Audit Committee to improve the procedures for procuring architectural and engineering 
services for State capital projects. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 142, a bill to implement a recommendation of the Government Performance 
Audit Committee to allow State agencies to keep the proceeds from the sale of surplus 
property. 

Referred to Rules and Operation of the Senate Committee. 



February 15, 1993 



1993] SENATE JOURNAL 69 

By Senator Martin of Guilford: 

S.B. 143, a bill to implement a recommendation of the Government Performance 
Audit Committee directing the Department of Administration to study the feasibility of 
consolidating State and federal surplus property functions. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 144, a bill to implement a recommendation of the Government Performance 
Audit Committee directing the Secretary of Administration to develop a central 
automated inventory management system for the State. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 145, a bill to implement a recommendation of the Government Performance 
Audit Committee directing the Secretary of Administration to update the State 
purchasing manual. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 146, a bill to implement a recommendation of the Government Performance 
Audit Committee to begin the adoption and implementation of a policy for contracting 
out to the private sector services traditionally performed by State employees. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford and Blackmon: 

S. J.R. 147, a joint resolution to implement a recommendation of the Government 
Performance Audit Committee to put in place a follow-up process, including external 
review, for the implementation of the recommendations of the Government Performance 
Audit Committee. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 148, a bill to implement a recommendation of the Government Performance 
Audit Committee to improve the program under which specification standards are devel- 
oped for commodities purchased by the State. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Perdue: 

S.B. 149, a bill to make technical corrections to a 1992 Charter amendment of the 
Town of Oriental, and to reschedule a referendum. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Perdue: 

S.B. 150, a bill to create the authority on strategic planning for North Carolina. 
Referred to Economic Development Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Warren, Allran, Lee, Speed, and Sherron: 

S.B. 151, a bill to clarify who shall be entitled to the privileges and advantages of the 
public schools, who shall pay tuition, and to create an education power of attorney. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Judiciary I Committee. 

By Senators Martin of Guilford, Parnell, and Sherron: 

S.B. 152, a bill to extend the date by which the North Carolina Indian Cultural 
Center, Inc. , is required to enter a lease with the State of North Carolina and to allow the 
receipt of pledges to satisfy the fund-raising condition to be included in that lease. 

Referred to Appropriations Committee. 



February 15, 1993 



70 SENATE JOURNAL [Session 

By Senators Seymour, Kerr, Plexico, Winner of Buncombe, Smith, and Cochrane: 
S.B. 153, a bill to allow a percentage discount to merchants for collecting State sales 
and use taxes. 

Referred to Finance Committee. 

By Senators Seymour, Kerr, Plexico, and Winner of Buncombe: 
S.B. 154, a bill to make mobile classrooms and mobile offices subject to sales tax 
rather than highway use tax and to exempt certain mobile classrooms from sales tax. 
Referred to Finance Committee. 

By Senators Plexico, Kerr, Seymour, and Winner of Buncombe: 
S.B. 155, a bill to make technical and conforming changes to the revenue laws and 
related statutes. 

Referred to Finance Committee. 

By Senators Plexico, Winner of Buncombe, Hyde, and Carpenter: 
S.B. 156, a bill to appropriate funds for the Mountain Aquaculture Research Center 
at Western Carolina University. 

Referred to Appropriations Committee. 

By Senators Kerr, Plexico, Seymour, and Winner of Buncombe: 

S.B. 157, a bill authorizing nonresident taxpayers to claim the tax credit for child care 

and certain employment-related expenses. 

Referred to Children and Human Resources Committee and upon a favorable 

report, re-referred to the Finance Committee. 

By Senators Kerr, Plexico, Seymour, and Winner of Buncombe: 
S.B. 158, a bill to provide that the penalty for failure to file an inheritance tax return 
will be assessed and collected in the same manner as the penalty for failure to pay inheri- 
tance taxes. 

Referred to Finance Committee. 

By Senators Kerr, Plexico, Seymour, and Winner of Buncombe: 
S.B. 159, a bill to prohibit delivery of non-tax-paid special fuel into the supply tank of 
a motor vehicle and acquisition of non-tax-paid special fuel for use in a motor vehicle. 
Referred to Judiciary I Committee. 

By Senators Kerr, Plexico, Seymour, and Winner of Buncombe: 
S.B. 160, a bill to allow a nonresident couple to file a joint income tax return if only 
one spouse has income from North Carolina sources. 
Referred to Finance Committee. 

By Senators Kerr, Plexico, Seymour, and Winner of Buncombe: 
S.B. 161, a bill to allow all trailers to obtain multiyear license plates, to allow owners 
of horseless carriages to obtain multiyear license plates, to clarify the definition of semi- 
trailer, and to make technical and administrative changes to the laws concerning special 
license plates. 

Referred to Transportation Committee and upon a favorable report, re-referred 
to the Finance Committee. 

By Senators Kerr, Plexico, Seymour, Winner of Buncombe, Cooper, Lee, Gunter, 
Gulley, and Martin of Guilford: 

S.B. 162, a bill to modify the requirements for licensure as a motor vehicle wholesaler 
or dealer, to limit the number of motor vehicle dealer license plates that can be issued to 
the same dealer, to expand the use of transporter plates, and to change the fee for 
transporter plates. 

Referred to Transportation Committee and upon a favorable report, re-referred 
to the Finance Committee. 



February 15, 1993 



1993] SENATE JOURNAL 71 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.J.R. 1 House of Representatives 

February 11, 1993 

Mr. President: 

Pursuant to S.J.R. 1, "A JOINT RESOLUTION INFORMING HIS EXCEL- 
LENCY, GOVERNOR JAMES B. HUNT, JR. , THAT THE GENERAL ASSEMBLY 
IS ORGANIZED AND READY TO PROCEED WITH PUBLIC BUSINESS AND 
INVITING THE GOVERNOR TO ADDRESS A JOINT SESSION OF THE SENATE 
AND HOUSE OF REPRESENTATIVES, " the Speaker appoints the following members 
of House of Representatives to serve with a like Committee of the Senate to escort 
Governor James B. Hunt, Jr. to the Joint Session: 

Representative Colton, Chair 
Representative Fitch 
Representative Black 
Representative Balmer 
Representative Stamey 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

EXECUTIVE ORDER 

An Executive Order received (See Appendix) is presented to the Senate, read, and 
referred to committee, as follows: 

Executive Order Number 2, Small Business Council. 

Referred to State Personnel and State Government Committee. 

Senator Basnight offers a motion, seconded by Senator Lee, that the Senate stand in 
recess to repair to the Hall of the House of Representatives, there to sit in Joint Session, 
for the purpose of receiving the State of the State address and on his further motion, upon 
dissolution of the Joint Session, to adjourn to meet tomorrow, Tuesday, February 16, at 
1:30 P.M., which motion prevails. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

S.J.R. 1 House of Representatives 

February 15, 1993 

Mr. President: 

Pursuant to S.J.R. 1, "A JOINT RESOLUTION INFORMING HIS EXCELLENCY, 
GOVERNOR JAMES B. HUNT, JR., THAT THE GENERAL ASSEMBLY IS 
ORGANIZED AND READY TO PROCEED WITH PUBLIC BUSINESS AND 
INVITING THE GOVERNOR TO ADDRESS A JOINT SESSION OF THE SENATE 
AND HOUSE OF REPRESENTATIVES," the House of Representatives stands ready 
to receive the Senate in Joint Session at the appointed hour. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 



February 15, 1993 



72 SENATE JOURNAL [Session 

The Chair declares the Senate in recess. The Senate, preceded by its officers, repairs 
to the Hall of the House of Representatives. 



JOINT SESSION 

The Senate is received by the members of the House of Representatives standing. 
Speaker Blue relinquishes the gavel to Lieutenant Governor Dennis A. Wicker, President 
of the Senate. 

The President of the Senate recognizes the Sergeant-at-Arms of the House of 
Representatives, who announces the presence of His Excellency, the Governor, The 
Honorable James B. Hunt, Jr. The President of the Senate directs Senator Soles and the 
Committees appointed by the President of the Senate and the Speaker of the House of 
Representatives to escort the Governor to the Well of the House of Representatives. The 
President of the Senate presents Governor Hunt to the General Assembly who delivers the 
State of the State Address. (See Appendix) 

On motion of Senator Basnight, the Joint Session is dissolved and pursuant to the 
motion heretofore made, the Senate stands adjourned to meet tomorrow, Tuesday, 
February 16, at 1:30 P.M. 



TWELFTH DAY 

Senate Chamber, 
Tuesday, February 16, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Gracious and Loving God, a prophet is a forthteller, a person who speaks with 
conviction for something rather than a fortune-teller. 

"Already, we have begun to see the legislative prophecies designed by the men and 
women of the General Assembly. Last night, we heard our Governor being spokesperson 
for his own ideas. 

"Being a prophet is not an enviable vocation. The rest of us don't always like to hear 
the prophesy that hope is built on sacrifice. 

"Give the Senators strength and conviction for their own prophecies, and remind us 
that if they didn't love this State, they wouldn't go to the trouble of telling us what we 
have to do to make it a better place in which to live. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Monday, 
February 15, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 



February 16, 1993 



1993] SENATE JOURNAL 73 

By Senators Plexico and Martin of Guilford: 

S.B. 163, a bill to require the Commissioner of Insurance and the Rate Bureau to 
develop a proposed plan for workers' compensation carriers loss control services. 
Referred to Insurance Committee. 

By Senators Plexico and Martin of Guilford: 

S.B. 164, a bill to clarify that local governments have the authority to impose civil 
penalties for violations of the State Building Code. 
Referred to Judiciary II Committee. 

By Senator Martin of Guilford: 

S.B. 165, a bill to implement a recommendation of the Government Performance 
Audit Committee to have the Highway Oversight Committee conduct a comprehensive 
transportation financing study. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 166, a bill to implement a recommendation of the Government Performance 
Audit Committee to provide for more frequent assessment of the Highway Trust Fund 
program. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 167, a bill to implement a recommendation of the Government Performance 
Audit Committee that the Division of Motor Vehicles enhance its automated vehicle reg- 
istration system and encourage greater use of mail-in registrations and other innovative 
programs to improve efficiency. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 168, a bill to implement a recommendation of the Government Performance 
Audit Committee to increase the use of municipal agreements to address growing urban 
operations needs. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 169, a bill to implement a recommendation of the Government Performance 
Audit Committee having to do with the reorganization of the Department of Transporta- 
tion. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 170, a bill to implement a recommendation of the Government Performance 
Audit Committee that division traffic services be realigned to focus on signal-related 
services. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 171, a bill to implement a recommendation of the Government Performance 
Audit Committee to consolidate the Highway Division equipment sections. 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 172, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate Highway Division equipment operations supervisors. 
Referred to Government Performance Audit Select Committee. 



February 16, 1993 



74 SENATE JOURNAL [Session 

By Senator Martin of Guilford: 

S.B. 173, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate the "District" layer of management within the Division 
Highway maintenance sections. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 174, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate eighty-five positions in the Department of Transportation. 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 175, a bill to implement a recommendation of the Government Performance 
Audit Committee to close Division of Motor Vehicles field offices that process fewer than 
the State average of drivers license applications and to increase overall productivity of the 
remaining offices. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 176, a bill to implement a recommendation of the Government Performance 
Audit Committee that the Department of Transportation maintain its current mainte- 
nance staffing and accomplish the increased maintenance program work load through 
expanded use of outside contract forces. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 177, a bill to implement a recommendation of the Government Performance 
Audit Committee to provide that additional construction staffing needs of the Highway 
Trust Fund program be met in part by increasing the proportion of outside contract 
forces. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 178, a bill to implement a recommendation of the Government Performance 
Audit Committee to limit the size of the preconstruction units and to use private engineer- 
ing firms to handle more of the Highway Trust Fund preconstruction work load. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 179, a bill to implement a recommendation of the Government Performance 
Audit Committee to privatize the Raleigh and Charlotte State-run vehicle registration 
offices. 

Referred to Government Performance Audit Select Committee. 



RE-REFERRALS 

Senator Sands offers a motion that the rules be suspended to the end the bills and a 
resolution referred to the Rules and Operation of the Senate Committee on 
February 15, be taken from the Committee and re-referred to the Government 
Performance Audit Select Committee, which motions prevail without the reading 
of the short title of each measure, with unanimous consent. The Chair orders the 
measures re-referred to the Government Performance Audit Select 
Committee, as follows: 

S.B. 131, a bill to implement a recommendation of the Government Performance 
Audit Committee to reduce the staff of the Division of Purchase and Contract of the 
Department of Administration. 



February 16, 1993 



1993] SENATE JOURNAL 75 

S.B. 132, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Secretary of Administration to designate a minority 
business coordinator. 

S.B. 133, a bill to implement a recommendation of the Government Performance 
Audit Committee to reduce the amount of time it takes the State to procure goods and 
services. 

S.B. 134, a bill to implement a recommendation of the Government Performance 
Audit Committee directing the Secretary of Administration to development and 
implement innovative government procurement practices. 

S.B. 135, a bill to implement a recommendation of the Government Performance 
Audit Committee to clarify policy concerning correction enterprises. 

S.B. 136, a bill to implement a recommendation of the Government Performance 
Audit Committee to redirect staff positions in the Division of Purchase and Contract of 
the Department of Administration. 

S.B. 137, a bill to implement a recommendation of the Government Performance 
Audit Committee to provide for the development and implementation of a management 
information system on purchase activity by State departments and agencies. 

S.B. 138, a bill to implement a recommendation of the Government Performance 
Audit Committee to require that the General Assembly update the general fund financial 
model each year. 

S.B. 139, a bill to implement a recommendation of the Government Performance 
Audit Committee to collect information on contracting capital projects and to develop 
strategies and goals for using single prime contractors. 

S.B. 140, a bill to implement a recommendation of the Government Performance 
Audit Committee to revise the requirement that agencies must buy all items via State term 
contracts. 

S.B. 141, a bill to implement a recommendation of the Government Performance 
Audit Committee to improve the procedures for procuring architectural and engineering 
services for State capital projects. 

S.B. 142, a bill to implement a recommendation of the Government Performance 
Audit Committee to allow State agencies to keep the proceeds from the sale of surplus 
property. 

S.B. 143, a bill to implement a recommendation of the Government Performance 
Audit Committee directing the Department of Administration to study the feasibility of 
consolidating State and federal surplus property functions. 

S.B. 144, a bill to implement a recommendation of the Government Performance 
Audit Committee directing the Secretary of Administration to develop a central 
automated inventory management system for the State. 

S.B. 145, a bill to implement a recommendation of the Government Performance 
Audit Committee directing the Secretary of Administration to update the State 
purchasing manual. 

S.B. 146, a bill to implement a recommendation of the Government Performance 
Audit Committee to begin the adoption and implementation of a policy for contracting 
out to the private sector services traditionally performed by State employees. 



February 16, 1993 



76 SENATE JOURNAL [Session 

S. J.R. 147, a joint resolution to implement a recommendation of the Government 
Performance Audit Committee to put in place a follow-up process, including external 
review, for the implementation of the recommendations of the Government Performance 
Audit Committee. 

S.B. 148, a bill to implement a recommendation of the Government Performance 
Audit Committee to improve the program under which specification standards are 
developed for commodities purchased by the State. 

REPORT OF COMMITTEE 

Senator Perdue for the Education/Higher Education Committee submits the 
following report: 

North Carolina General Assembly 

Senate Chamber 

State Legislative Building 

Raleigh 27601-1096 

February 16, 1993 

TO: Members of the Senate 

FROM: S/Beverly M. Perdue, Chairman 

Education/Higher Education Committee 

RE: Board of Governors Nominations 

Pursuant to SR 102, the Education/Higher Education Committee has met and 
nominates the following individuals to serve in the two women positions on the University 
of North Carolina Board of Governors: 

SENATE SPONSORfS;) 

Senator David W. Hoyle 
Senator James Forrester 

Senator Charles W. Albertson 
Senator John H. Kerr, III 

Senator Dennis J. Winner 

The Committee nominates the following individuals to serve in the two minority race 
positions on the University of North Carolina Board of Governors: 

1. Bert Collins Senator Ralph A. Hunt 

2. Maxine H. O'Kelley Senator George Daniel 

Senator William N. Martin 

The Committee nominates the following individuals to serve in the four at-large 
positions on the University of North Carolina Board of Governors: 

1. C. Ralph Kinsey, Jr. Senator R. L. "Bob" Martin 

2. Jack Pritchett Jordan Senator Aaron W. Plyler 

Senator J. Richard Conder 

3. G. Irvin Aldridge Senator Marc Basnight 

4. Marcus B. Crotts Senator Marvin Ward 

Senator Ted Kaplan 



February 16, 1993 





NOMINEE 


1. 


Helen Rhyne Marvin 


2. 


Lois G. Britt 


3. 


Elisabeth C. Ervin 



1993] 



SENATE JOURNAL 



77 



D. Samuel Neill 
Wallace N. Hyde 



Senator J. Clark Plexico 
Senator George B. Daniel 

Senator Linda H. Gunter 
Senator Herbert L. Hyde 
Senator Joseph E. Johnson 
Senator J. K. Sherron, Jr. 
Senator Dennis J. Winner 

The Committee nominates the following individual to serve in the one minority party 
position on the University of North Carolina Board of Governors: 



James G. Martin 



Senator Robert G. Shaw 



The President recognizes the following pages serving in the Senate this week: 

Peter Dunn Ahlin, Raleigh; Ashley Marie Baldwin, Fuquay-Varina; Elizabeth 
Brooks, Raleigh; Eva Camille Currin, Willow Spring; Jennifer Laura Davis, 
Lumberton; Samantha Lynn Faircloth, Roseboro; P. Courtney Goforth, Kings 
Mountain; Alex Eugene Good, Wake Forest; Analee M. Harris, Zebulon; Kelli 
Herndon, Fayetteville; Victor A. Jones, Raleigh; Brenda Joyce Lovely, Durham; Aaron 
McLeod, Raleigh; Thomas Long Oakley, Roxboro; Katherine Shugart, Wendell; 
Ashley Renee Smith, Mount Holly; Melissa Louise Sutton, Raleigh; Julie Marie 
Wheeler, Wilmington; Stephanie Vincent Wilson, Durham; and Mary-Bogue 
Wingfield, Gastonia. 



ADDITIONAL ENDORSEMENTS 

Senator Jordan requests to be recorded endorsing bills previously introduced: 

S.B. 132, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Secretary of Administration to designate a minority 
business coordinator. 

S.B. 148, a bill to implement a recommendation of the Government Performance 
Audit Committee to improve the program under which specification standards are 
developed for commodities purchased by the State. 

S.B. 150, a bill to create the authority on strategic planning for North Carolina. 

On motion of Senator Basnight, seconded by Senator Carpenter, the Senate adjourns 
at 1:59 P.M. to meet tomorrow, Wednesday, February 17, at 1:30 P.M. 



THIRTEENTH DAY 

Senate Chamber, 
Wednesday, February 17, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Father, the Hebrew term 'dabar' means both word and deed , thus to say something is 
to do something. Our choice of words is important; our word is our bond; we hang our 



February 17, 1993 



78 SENATE JOURNAL [Session 

hats on our words; we give our word of honor. 'Through speech our words are 
irrevocably tossed like stones into the pool of history, where the concentric rings lap out 
endlessly. ' 

"Our words are powerful. What we say often defines who we are. So, 'Let the words 
of our mouths and the meditations of our hearts be acceptable to You, O Lord, our 
Strength and our Redeemer. ' Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Tuesday, 
February 16, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Tally, due to the death of her sister, Nancy Squires Stanley. 

The President extends courtesies of the floor to Wendell H. Murphy, former Senator 
from Duplin County. 



ELECTION OF MEMBERS 

TO THE BOARD OF GOVERNORS 

OF THE UNIVERSITY OF NORTH CAROLINA 

Pursuant to G.S. 116-6 and S.R. 102, a Senate simple resolution to establish the 
procedure for nominating and electing members of the Board of Governors of the 
University of North Carolina, the Chair recognizes Senator Perdue, Chairman of the 
Education/Higher Education Committee, for the purpose of proceeding with the 
election of members to the Board of Governors of the University of North Carolina. 
Senator Perdue announces Senator Conder, Senator Lee, Senator Shaw, and Senator 
Hyde as assistants to canvass the ballots. Senator Perdue outlines the procedure for 
voting and directs the appointed members to distribute the ballots. 

Candidates for the Board of Governors of the University of North Carolina as 
nominated by the Education/Higher Education Committee of the Senate in 
compliance with G.S. 116-6 as outlined in S.R. 102 are as follows: 

WOMAN'S CATEGORY - FOUR YEAR TERM 

(Two Seats) 

Lois G. Britt 

Elisabeth C. Ervin 

Helen Rhyne Marvin 

MINORITY RACE CATEGORY - FOUR YEAR TERM 

(Two Seats) 

Bert Collins 
Maxine H. O'Kelley 

AT-LARGE CATEGORY - FOUR YEAR TERM 

(Four Seats) 

G. Irvin Aldridge 

Marcus B. Crotts 

Wallace N. Hyde 
Jack Pritchett Jordan 
C. Ralph Kinsey, Jr. 

D. Samuel Neill 



February 17, 1993 



1993] SENATE JOURNAL 79 

MINORITY PARTY CATEGORY - REMAINDER OF UNEXPIRED 

TERM 

(One Seat) 

James G. Martin 

The Senate proceeds to vote. Senator Perdue requests the appointed members to 
collect the ballots and further requests dismissal from the Chamber for herself and the 
appointed members to canvass the vote. The Chair excuses Senator Perdue, Senator 
Conder, Senator Lee, Senator Shaw, and Senator Hyde from the Chamber to canvass 
the votes. 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Walker for the Children and Human Resources Committee: 

S.B. 5, a bill to appropriate funds to provide Medicaid coverage to elderly, blind, and 
disabled individuals and implement the recommendations of the Medicaid Resources 
Study, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 6, a bill to define primary care hospital and rural hospital network, and 
appropriate funds for encouraging health care providers to practice primary care and 
provide services to rural areas with a favorable report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Appropriations Committee. 

By Senator Folger for the Local Government and Regional Affairs 
Committee: 

S.B. 63, a bill to repeal the two percent restriction on the use of proceeds of the 
Regional Transportation Authority registration tax for administrative purposes, with a 
favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 87, a bill to require consent of the Board of Commissioners of Catawba, Gaston, 
Iredell, and Lincoln Counties before land may be condemned or acquired by a unit of 
local government outside the county, with a favorable report. 

S.B. 103, a bill to raise the force account limit for the City of Mooresville, with a 
favorable report. 

S.B. 149, a bill to make technical corrections to a 1992 Charter amendment of the 
Town of Oriental, and to reschedule a referendum, with a favorable report. 



February 17, 1993 



80 SENATE JOURNAL [Session 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Winner of Buncombe and Kerr: 

S.B. 180, a bill to increase the per diem allowance of emergency court judges. 

Referred to Appropriations Committee. 

By Senator Winner of Buncombe: 

S.B. 181, a bill to provide that health insurance policies shall provide for direct 
payment to governmental agencies providing health services. 
Referred to Insurance Committee. 

By Senator Winner of Buncombe: 

S.B. 182, a bill to appropriate funds to the Board of Governors of the University of 
North Carolina to fund the Distinguished Professors Endowment Trust Fund. 
Referred to Appropriations Committee. 

By Senators Kerr, Plexico, Seymour, and Winner of Buncombe: 
S.B. 183, a bill to provide that a sales tax license is void if the retailer reports no sales 
for eighteen months. 

Referred to Finance Committee. 

By Senators Perdue and Martin of Guilford: 

S.B. 184, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the University of North Carolina to determine the appropriate 
economic development role of extension activities. 

Referred to Government Performance Audit Select Committee. 

By Senators Perdue and Martin of Guilford: 

S.B. 185, a bill to implement a recommendation of the Government Performance 
Audit Committee to assign key responsibility for each major economic development 
activity to a specific department or organization. 

Referred to Government Performance Audit Select Committee. 

By Senators Perdue and Martin of Guilford: 

S.B. 186, a bill to implement a recommendation of the Government Performance 
Audit Committee that future legislation funding nonprofit corporations to conduct 
economic development activity should clarify their purposes and provide for periodic, 
comprehensive review. 

Referred to Government Performance Audit Select Committee. 

By Senators Perdue and Martin of Guilford: 

S.B. 187, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct each State agency involved in economic development to 
establish economic development performance indicators to be used by the agency, the 
Governor, and the General Assembly in measuring outcomes, upon which budget 
allocations may be based. 

Referred to Government Performance Audit Select Committee. 

By Senators Perdue and Martin of Guilford: 

S.B. 188, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish a goal of self-sufficiency by the year 2000 for the Center for 
Microelectronics Systems Technologies of the MCNC (Microelectronics Center of North 
Carolina) and for the Economic Development Program and the Institute for 
Biotechnology Information of the Biotechnology Center. 

Referred to Government Performance Audit Select Committee. 



February 17, 1993 



1993] SENATE JOURNAL 81 

By Senators Perdue and Martin of Guilford: 

S.B. 189, a bill to implement a recommendation of the Government Performance 
Audit Committee to transfer the North Carolina Board of Science and Technology from 
the Department of Administration to the Department of Commerce. 

Referred to Government Performance Audit Select Committee. 

By Senators Perdue and Martin of Guilford: 

S.B. 190, a bill to implement a recommendation of the Government Performance 
Audit Committee to restructure the Department of Commerce by eliminating 
unnecessary personnel and combining redundant programs. 

Referred to Government Performance Audit Select Committee. 

By Senators Perdue and Martin of Guilford: 

S.B. 191, a bill to implement a recommendation of the Government Performance 
Audit Committee to merge sixteen regional offices within the Department of Commerce 
into a smaller number of larger regional offices, and to implement additional recommen- 
dations related to the mission and activities of the regional offices. 

Referred to Government Performance Audit Select Committee. 

By Senators Perdue and Martin of Guilford: 

S.B. 192, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Department of Commerce to establish performance-based 
indicators and contracts for nonprofits that conduct state-funded economic development 
activities. 

Referred to Government Performance Audit Select Committee. 

By Senators Perdue and Martin of Guilford: 

S.B. 193, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish an Economic Development Council in the Department of 
Commerce to replace the current Economic Development Board, to require the Council 
to prepare and update annually an economic development plan for the State of North 
Carolina, and to require the Department of Commerce to establish a planning unit to 
support the Economic Development Council's ongoing role in economic and community 
development planning. 

Referred to Government Performance Audit Select Committee. 

By Senator Perdue: 

S.B. 194, a bill to make the Joint Legislative Fiscal Trends and Reform Study 
Commission a statutory study commission, to establish a subcommittee of the 
Commission to study the fiscal relationship between the State and local governments, 
and to appropriate one hundred thousand dollars to the Commission for the 1993-95 
biennium. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Perdue: 

S.B. 195, a bill to permit teachers receiving annual leave under a voluntary shared 
leave program to use annual leave at times when students are scheduled to be in regular 
attendance. 

Referred to Education/Higher Education Committee. 

By Senators Jordan and Perdue: 

S.B. 196, a bill to remove the legislative recommendation against membership on the 
Board of the State Ports Authority by persons domiciled in the State House and State 
Senate districts where a port is located. 

Referred to State Personnel and State Government Committee. 



February 17, 1993 



82 SENATE JOURNAL [Session 

By Senators Warren and Martin of Pitt: 

S. B. 197, a bill regarding the use of receipts by the East Carolina University School of 
Medicine. 

Referred to Appropriations Committee. 

By Senators Martin of Guilford, Daniel, and Blackmon: 

S.B. 198, a bill to implement a recommendation of the Government Performance 
Audit Committee to transition inappropriately placed residents of intermediate care 
facilities for the mentally retarded to home- and community-based services. 

Referred to Government Performance Audit Select Committee. 

By Senators Martin of Guilford, Daniel, and Blackmon: 

S.B. 199, a bill to implement a recommendation of the Government Performance 
Audit Committee to expand Medicaid Carolina Access statewide and introduce elements 
of risk-sharing. 

Referred to Government Performance Audit Select Committee. 

By Senators Martin of Guilford, Daniel, and Blackmon: 

S.B. 200, a bill to implement a recommendation of the Government Performance 
Audit Committee to enhance the Medicaid budget projection methodology by building a 
consensus among agency and legislative staff. 

Referred to Government Performance Audit Select Committee. 

By Senators Martin of Guilford, Daniel, and Blackmon: 

S.B. 201, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish a policy of developing more creative and prioritized 
strategies for controlling Medicaid expenditures. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 202, a bill to implement a recommendation of the Government Performance 
Audit Committee to implement alternative Medicaid purchasing approaches for 
prescription drugs. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 203, a bill to implement a recommendation of the Government Performance 
Audit Committee to freeze the Medicaid prescription drug dispensing fee for the 1993-95 
biennium. 

Referred to Government Performance Audit Select Committee. 

By Senators Martin of Guilford, Daniel, and Blackmon: 

S.B. 204, a bill to implement a recommendation of the Government Performance 
Audit Committee to make the Certificate of Need program self-funded by increasing the 
CON application fees by fifty percent. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 205, a bill to implement a recommendation of the Government Performance 
Audit Committee to decrease the capital expenditure threshold for projects requiring 
certificate of need approval. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 206, a bill to implement a recommendation of the Government Performance 
Audit Committee to place a moratorium on new certificates of need for intermediate care 
facilities for the mentally retarded. 

Referred to Government Performance Audit Select Committee. 



February 17, 1993 



1993] SENATE JOURNAL 83 

By Senator Martin of Guilford and Blackmon: 

S.B. 207, a bill to implement a recommendation of the Government Performance 
Audit Committee to change the current certificate of need bed need formula. 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 208, a bill to implement a recommendation of the Government Performance 
Audit Committee to implement a Diagnosis-Related Groups (DRG) -based Medicaid 
reimbursement system. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 209, a bill to implement a recommendation of the Government Performance 
Audit Committee to implement a prospective, case-mix methodology for Medicaid 
reimbursement for intermediate care facilities for the mentally retarded. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 210, a bill to implement a recommendation of the Government Performance 
Audit Committee to retain the certificate of need procedure for long-term care beds but to 
change the Medicaid reimbursement system. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 211, a bill to implement a recommendation of the Government Performance 
Audit Committee to expand the use of Medicaid managed care options. 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 212, a bill to implement a recommendation of the Government Performance 
Audit Committee to impose copayments for inpatient hospital and other services for 
Medicaid recipients. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 213, a bill to implement a recommendation of the Government Performance 
Audit Committee to implement a prospective peer-grouped, case mix-based Medicaid 
payment methodology for nursing homes. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford and Blackmon: 

S.B. 214, a bill to move towards a "bundled" prospective Medicaid payment 
methodology for outpatient hospital services. 

Referred to Government Performance Audit Select Committee. 

By Senators Gunter, Gulley, Sherron, and Hunt: 

S.B. 215, a bill to exchange tracts of land between the corporate limits of the Towns 
of Cary and Morrisville. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Plyler: 

S.B. 216, a bill to repeal the requirement that the Department of the Secretary of State 
report to the Joint Legislative Commission on Governmental Operations on the Business 
License Information Office. 

Referred to State Personnel and State Government Committee. 



February 17, 1993 



84 SENATE JOURNAL [Session 

By Senator Plyler: 

S.B. 217, a bill to repeal the requirement that the Department of Cultural Resources 
report to the Joint Legislative Commission on Governmental Operations on the operation 
of the State Depository Library System. 

Referred to State Personnel and State Government Committee. 

By Senators Ward, Plyler, Kaplan, Shaw, Conder, and Richardson: 

S.B. 218, a bill to direct the Joint Committee on Teacher Education to report to the 

Joint Legislative Education Oversight Committee instead of the Joint Legislative 

Commission on Governmental Operations. 

Referred to Education/Higher Education Committee. 

By Senators Ward, Plyler, Kaplan, Shaw, Conder, and Richardson: 

S.B. 219, a bill to delete the requirement that the Board of Governors of the University 

of North Carolina report to the Joint Legislative Commission on Governmental 

Operations on vending operations. 

Referred to Appropriations Committee. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives, transmitting the 
following joint resolution, which is read the first time and disposed of, as follows: 

H.J.R. 199, a joint resolution inviting the Honorable Albert Gore, Jr., Vice 
President of the United States, to address a joint session of the House of Representatives 
and the Senate. 

With unanimous consent, on motion of Senator Sands, the joint resolution is placed 
before the Senate for immediate consideration. The joint resolution passes its second 
reading (43-0). 

With unanimous consent, on motion of Senator Sands, the rules are suspended to 
allow the measure to be read a third time today. The joint resolution passes its third 
reading and is ordered enrolled. 

Due to prior commitments, with unanimous consent, the President grants a leave of 
absence for Friday, February 19, to Senator Carpenter, Senator Codington, and Senator 
Blackmon. 



ANNOUNCEMENT OF MEMBERS 

ELECTED TO THE BOARD OF GOVERNORS 

OF THE UNIVERSITY OF NORTH CAROLINA 

Pursuant to S.R. 102, a Senate simple resolution to establish the procedure for 
nominating and electing members of the Board of Governors of the University of North 
Carolina, Senator Perdue, Chairman of the Education/Higher Education 
Committee, announces the results of the election to the Board of Governors of the 
University of North Carolina, as follows: 



WOMAN'S CATEGORY - FOUR YEAR TERM 

Lois G. Britt 
Helen Rhyne Marvin 



February 17, 1993 



1993] SENATE JOURNAL 85 

MINORITY RACE CATEGORY - FOUR YEAR TERM 

Bert Collins 
Maxine H. O'Kelley 

AT-LARGE CATEGORY - FOUR YEAR TERM 

G. Irvin Aldridge 

Wallace N. Hyde 

Jack Pritchett Jordan 

D. Samuel Neill 



MINORITY PARTY CATEGORY - REMAINDER OF UNEXPIRED 

TERM 

James G. Martin 

The Chair declares Lois G. Britt, Helen PJiyne Marvin, Bert Collins, Maxine H. 
O'Kelley, G. Irvin Aldridge, Wallace N. Hyde, Jack Pritchett Jordan, D. Samuel Neill, 
and James G. Martin, receiving a majority of the votes cast, duly elected to the Board of 
Governors of the University of North Carolina and orders a special message sent to the 
House of Representatives informing that Honorable Body of such action. The Chair 
directs Senator Perdue, Chairman of the Education/Higher Education 
Committee , to so notify the Board of Governors of the University of North Carolina the 
results of this election. 

With unanimous consent, the President grants a leave of absence for Friday, February 
19, to Senator Smith; to Senator Cochrane, due to previous scheduled appointments; 
and to Senator Forrester, due to scheduled medical coverage for patients. 



APPOINTMENTS TO THE 
LEGISLATIVE SERVICES COMMISSION 

The Chair recognizes Senator Basnight, President Pro Tempore, who appoints, 
pursuant to G. S. 120-31 , the following Senators to the Legislative Services Commission: 
Senator Cochrane, Senator Daniel, Senator Kaplan, Senator Lee, Senator Parnell, and 
Senator Sands. 

On motion of Senator Basnight, seconded by Senator Kaplan, the Senate adjourns at 
2:18 P.M. to meet tomorrow, Thursday, February 18, at 1:30 P.M. 



FOURTEENTH DAY 

Senate Chamber, 
Thursday, February 18, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 



February 18, 1993 



86 SENATE JOURNAL [Session 

"Father, Thomas A. Kempis wrote, 'Be not angry that you cannot make others as you 
wish them to be, since you cannot make yourself as you wish to be.' 

"It would be unwise to pray for a daily outpouring of consensus in this place, for out of 
conflicts, differences of opinion come the greatest advances. 

"It is not too bold, however, to request that You give the Senators and staff a strong 
sense of community. Even on the days when they don't see eye to eye, there will be 
consolation in Your Presence and in their brotherhood and sisterhood. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Wednesday, 
February 17, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 



ENROLLED BILL 

The Enrolling Clerk reports the following resolution properly enrolled, duly ratified, 
and sent to the Office of the Secretary of State: 

H.J.R. 199, a joint resolution inviting the Honorable Albert Gore, Jr., Vice 
President of the United States, to address a joint session of the House of Representatives 
and the Senate. (Res. 2) 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Sands: 

S.B. 220, a bill to authorize the Secretary of Crime Control and Public Safety to 
establish a wrecker service system. 

Referred to Judiciary I Committee. 

By Senator Sands: 

S.B. 221 , a bill to authorize a judicial official in a noncapital case to conduct a pretrial 
release proceeding, first appearance, or an arraignment by a two-way audio and video 
proceeding. 

Referred to Judiciary I Committee. 

By Senator Carpenter: 

S.B. 222, a bill to prohibit hunting from, on, or across the right-of-way of a public 
road or highway in Macon County during deer season. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senator Conder: 

S.B. 223, a bill to authorize the Legislative Research Commission to study the need to 
establish a college of chiropractic in North Carolina, and to make an appropriation 
therefor. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Plexico, Forrester, Odom, and Plyler: 

S.B. 224, a bill to establish and appropriate funds for need-based cytotechnology 
scholarships, and to direct the Office of State Personnel to review State cytotechnologist 
salaries. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 



February 18, 1993 



1993] SENATE JOURNAL 87 

By Senators Plexico, Forrester, Odom, and Plyler: 

S.B. 225, a bill to establish the Cancer Coordination and Control Program and to 
establish the Advisory Committee on Cancer Coordination and Control to the Secretary 
of the Department of Environment, Health, and Natural Resources. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Plexico, Forrester, Odom, and Plyler: 

S.B. 226, a bill to appropriate funds for the Advisory Committee on Cancer Coor- 
dination and Control to the Secretary of the Department of Environment, Health, and 
Natural Resources. 

Referred to Appropriations Committee. 

By Senators Richardson, Forrester, Plexico, and Walker: 

S.B. 227, a bill to ban corporal punishment from certain "nonregistered" day care 
that receives reimbursement from the State. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Children and Human Resources Committee. 

By Senators Richardson, Forrester, Plexico, and Walker: 

S.B. 228, a bill to ban corporal punishment from certain "nonregistered" day care 
that receives reimbursement from the State. 

With unanimous consent, on motion of Senator Richardson, the bill is ordered held as 
filed in the Office of the Principal Clerk. 

By Senators Richardson, Forrester, Plexico, and Walker: 

S.B. 229, a bill to aid parents of low-income children needing day care to become 
self-sufficient without jeopardizing the very child care that is essential to this self- 
sufficiency and to appropriate funds. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Richardson, Forrester, Plexico, and Walker: 

S.B. 230, a bill to change the day care rate payment structure to encourage the 
provision of quality day care for all North Carolina's children in need of care and to 
appropriate funds. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Richardson, Forrester, Plexico, and Walker: 

S.B. 231, a bill to appropriate funds for county day care administration. 

Referred to Appropriations Committee. 

By Senators Richardson, Forrester, Plexico, and Walker: 

S.B. 232, a bill to encourage counties to provide the highest possible day care 
available to them. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Children and Human Resources Committee. 

By Senator Cooper: 

S.B. 233, a bill to exempt teachers enrolled in courses to complete State Board of 
Education certification requirements from the twelve-month durational requirements of 
the University of North Carolina residency test. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Cooper: 

S.B. 234, a bill making a qualified exception from the Public Records Act relating to 
geographical information systems. 

Referred to Local Government and Regional Affairs Committee. 



February 18, 1993 



88 SENATE JOURNAL [Session 

By Senator Cooper: 

S.B. 235, a bill to make the calculation for schools of fund balance available for 
appropriation the same as the calculation for other local governments. 
Referred to Finance Committee. 

By Senators Speed, Plyler, Sherron, Odom, Ward, Walker, Soles, Daniel, Smith, 
and Martin of Guilford: 

S.B. 236, a bill to allow additional retroactive membership in the North Carolina 
Firemen's and Rescue Squad Workers' Pension Fund. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Allran, Harris, Forrester, Hartsell, Carpenter, Simpson, Kincaid, and 
Gunter: 

S.B. 237, a bill to provide that income withholding may be used to satisfy criminal 
restitution payments and to provide a procedure for withholding income. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 238, a bill to implement a recommendation of the Government Performance 
Audit Committee to merge sixteen regional offices within the Department of Commerce 
into a smaller number of larger regional offices, and to implement additional 
recommendations related to the mission and activities of the regional offices. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 239, a bill to implement a recommendation of the Government Performance 
Audit Committee to require the Department of Revenue to implement a new integrated 
tax administration system to achieve a highly efficient and effective operation. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Finance Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 240, a bill to implement a recommendation of the Government Performance 
Audit Committee to consolidate North Carolina's community corrections programs. 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 241, a bill to implement a recommendation of the Government Performance 
Audit Committee to transfer the Office of State Budget and Management, Management 
and Productivity Section, to the Department of Administration. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 242, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Governor to conduct organizational and staffing analyses 
of State agencies. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 243, a bill to implement a recommendation of the Government Performance 
Audit Committee to consolidate thirty of the State's smallest prisons, and to improve 
organizational functions and reduce staff in area offices of the Division of Prisons. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 



February 18, 1993 



1993] SENATE JOURNAL 89 

By Senator Martin of Guilford: 

S.B. 244, a bill to implement a recommendation of the Government Performance 
Audit Committee to transfer the Office of Marine Affairs' aquarium function from the 
Department of Administration to the Department of Environment, Health, and Natural 
Resources, to eliminate the policy function of the Office of Marine Affairs, and to 
eliminate six positions that are now in the Office of Marine Affairs. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 245, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Division of Medical Assistance and the Teachers' and 
State Employees' Comprehensive Major Medical Plan to assist the Department of 
Correction in efforts to secure automated claims processing support from a contractor. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 246, a bill to implement a recommendation of the Government Performance 
Audit Committee to study the funding for the schools for the deaf. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 247, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish comprehensive policies to develop reasonable standards 
for rates and payments for privately operated intermediate care facilities for the mentally 
retarded. 

Referred to Government Performance Audit Select Committee. 



REPORTS OF COMMITTEE 

Bills are reported from a standing committee, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Ballance for the Judiciary I Committee: 

S.B. 46, a bill to establish a pilot program designed to rehabilitate prison inmates and 
reduce recidivism by utilizing a course of study based on developing positive mental 
attitudes, with a favorable report. 

With unanimous consent, on motion of Senator Ballance, the bill is placed on the 
Calendar for Tuesday, February 23, for consideration. 

S.B. 45, a bill to permit the use of the prison enterprise laundry operation in 
emergency situations, with a favorable report, as amended. 

With unanimous consent, on motion of Senator Ballance, the bill is placed on the 
Calendar for Tuesday, February 23, for consideration. 



CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 87 , a bill to require consent of the Board of Commissioners of Catawba , Gaston , 
Iredell, and Lincoln Counties before land may be condemned or acquired by a unit of 
local government outside the county. 

With unanimous consent, on motion of Senator Forrester, consideration of the bill is 
postponed until Tuesday, February 23. 



February 18, 1993 



90 SENATE JOURNAL [Session 

S.B. 103, a bill to raise the force account limit for the City of Mooresville. 
The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 149, a bill to make technical corrections to a 1992 Charter amendment of the 
Town of Oriental, and to reschedule a referendum. 

The bill passes its second and third readings and is ordered sent to the House of 
Representative. 



APPOINTMENT OF ESCORT COMMITTEE 

The Chair recognizes Senator Basnight, President Pro Tempore, who appoints Senator 
Ballance, Senator Hartsell, Senator Hyde, Senator Tally, Senator Walker, Senator 
Sands, and Senator Marshall as the Escort Committee on the part of the Senate to serve 
with a like committee from the House of Representatives to greet and escort the 
Honorable Albert Gore, Jr. , Vice-President of the United States to the Joint Session in 
the Hall of the House of Representatives tomorrow, Friday, February 19, at 9:30 A.M. , 
pursuant to H.J.R. 199. 

With unanimous consent, the President grants a leave of absence for today, February 
18, to Senator Allran, due to a minor emergency in his law office in Hickory that only he 
can handle; to Senator Plyler, who is attending a funeral; to Senator Folger, due to a 
pre-scheduled court case: for tomorrow, Friday, February 19, to Senator Harris, who 
made an official appointment to be at home on Friday not knowing the Vice-President 
would be in town; to Senator Winner of Buncombe, due to a court appearance; to 
Senator Kerr, due to a prior commitment with the Wayne County Economic 
Development Committee; to Senator Winner of Mecklenburg; to Senator Sherron, due 
to a previous commitment; to Senator Simpson, due to personal reasons: for Monday, 
February 22, to Senator Winner of Buncombe. 

On motion of Senator Basnight, seconded by Senator Warren, the Senate adjourns at 
1:54 P.M. to meet tomorrow, Friday, February 19, at 9:00 A.M. 



FIFTEENTH DAY 

Senate Chamber, 
Friday, February 19, 1993. 



The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Gracious God, we have come here today to listen and to reflect. That's a special 
privilege in a world that revolves more often around what we say. 

"It reminds us that in all the corporate and private prayers offered to You this week, 
successful communication has not been contingent so much on getting Your attention as 
it has been on hearing Your reply. 

"You are always reaching out, speaking to us, O Lord, if we respond to the invitation 
to listen. 

"May we find renewed energy as we return home to family and friends, to community 
and worship in the presence of Your Loving Care and Protection. Amen." 



February 19, 1993 



1993] SENATE JOURNAL 91 

Senator Sands, Chairman of the Rules and Operation of the Senate 
Committee, announces the Journal of Thursday, February 18, has been examined and 
is found to be correct. On his motion, the Senate dispenses with the reading of the 
Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today, Friday, 
February 19, to Senator Cooper, due to a scheduled deposition; to Senator Folger, who is 
out of State; to Senator Shaw; to Senator Soles; and to Senator Allran, due to pressing 
appointments in his law office in Hickory. 

The Chair recognizes Senator Seymour who announces that Senator Lura S. Tally has 
been named the Legislator of the Year by the North Carolina Wildlife Federation 
receiving the Governor's Conservation Achievement Award. 



ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the Office of the Secretary of State: 

S.B. 23, an act to authorize the City of Monroe to pay a reward. (Ch. 2) 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Plyler, Perdue, Conder, Shaw, Hoyle, Seymour, Sherron, Ward, Hunt, 
Odom, Marshall, and Walker: 

S.B. 248, a bill to require that former legislators wait two years before serving on the 
Board of Governors of the University of North Carolina. 

Referred to Education/Higher Education Committee. 

By Senator Martin of Pitt: 

S.B. 249, a bill to provide for scholarships for dependents of firemen. 
Referred to Insurance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Soles: 

S.B. 250, a bill to establish the Criminal Case Disposition Study Commission. 
Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Odom, Albertson, Perdue, Kaplan, Cochrane, Cooper, Lee, Seymour 
Jordan, Gunter, Martin of Guilford, Plexico, Smith, Hunt, Gulley, Tally, Ward, 
Winner of Mecklenburg, Codington, Forrester, Blackmon, Carpenter, Harris, 
Richardson, Hartsell, Edwards, Speed, Conder, Daniel, Walker, and Marshall. 

S.B. 251, a bill to abolish the spousal defense to a prosecution for rape or sexual 
offense. 

Referred to Judiciary I Committee, and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Perdue and Martin of Guilford: 

S.B. 252, a bill to implement a recommendation of the Government Performance 
Audit Committee to develop and monitor the outcome measures for major State 
programs. 

Referred to Government Performance Audit Select Committee. 



February 19, 1993 



92 SENATE JOURNAL [Session 

By Senators Perdue and Martin of Guilford: 

S.B. 253, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish and implement a State strategic planning process. 
Referred to Government Performance Audit Select Committee. 

By Senators Speed, Sherron, Albertson, Warren, and Soles: 

S.B. 254, a bill to appropriate funds to the Tobacco Farm Life Museum. 

Referred to Appropriations Committee. 

By Senators Tally, Seymour, Gunter, Lee, Walker, Hoyle, Warren, Edwards, 
Perdue, Hunt, and Martin of Guilford. 

S.B. 255, a bill to provide for the regulation of the practice of counseling and the 
licensure of counselors. 

Pursuant to G. S . 1 20- 1 49 . 3 , the bill is ordered held in the Office of the Principal Clerk 
for receipt of the new licensing assessment report. 

By Senators PI exico, Forrester, Richardson, Walker, Edwards, Gulley, Lee, Cooper, 
Tally, Conder, Martin of Guilford, Ballance, Marshall, Daniel, and Ward. 

S.B. 256, a bill to lower the staff /child ratios and group size for infants and toddlers in 
child care. 

Referred to Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 257, a bill to implement a recommendation of the Government Performance 
Audit Committee to provide for a peer review of the organizational and staffing 
capabilities and levels required to serve the General Assembly in the future. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 258, a bill to implement a recommendation of the Government Performance 
Audit Committee to provide that the Legislative Services Commission shall develop a 
facilities plan that defines current space needs of the General Assembly and plans for 
future needs for facilities and storage space. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 259, a bill to implement a recommendation of the Government Performance 
Audit Committee to provide for regular quarterly meetings of the Legislative Services 
Commission. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 260, a bill to implement a recommendation of the Government Performance 
Audit Committee to restructure the capital budget process. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Capital Expenditures Committee. 

By Senator Martin of Guilford: 

S.B. 261, a bill to implement a recommendation of the Government Performance 
Audit Committee to require that the Governor submit to the General Assembly and the 
General Assembly enact a budget that focuses on program results. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 262, a bill to implement a recommendation of the Government Performance 
Audit Committee to expand the single sum appropriation pilot program to other State 
agencies. 

Referred to Government Performance Audit Select Committee. 



February 19, 1993 



1993] SENATE JOURNAL 93 

By Senator Martin of Guilford: 

S.B. 263, a bill to implement a recommendation of the Government Performance 
Audit Committee to transfer the State Information Processing System to the Department 
of Administration. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 264, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Governor to study the organization of State agencies that 
regulate financial institutions. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 265, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate two supervisory positions in the Department of Revenue 
field offices. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 266, a bill to implement a recommendation of the Government Performance 
Audit Committee to reclassify the Deputy Secretary of Revenue as a hearing officer. 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 267, a bill to implement a recommendation of the Government Performance 
Audit Committee that the Department of Revenue should continue to expand its inter- 
state audit operation as planned. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 268, a bill to implement a recommendation of the Government Performance 
Audit Committee to phase out personalized, face-to-face taxpayer assistance and 
increase the number of toll-free telephone lines used for taxpayer assistance. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 269, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate nineteen Department of Revenue field offices and eight 
suboffices. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 270, a bill to implement a recommendation of the Government Performance 
Audit Committee regarding the establishment of a community college policy on the cost 
of education and on the tuition to be charged. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 271, a bill to implement the recommendations of the Government Performance 
Audit Committee relating to program planning in and organization and restructuring of 
the North Carolina Community College System. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 272, a bill to implement a recommendation of the Government Performance 
Audit Committee to maintain the current tuition level for the North Carolina Community 
College System. 

Referred to Government Performance Audit Select Committee. 



February 19, 1993 



94 SENATE JOURNAL [Session 

By Senator Martin of Guilford: 

S.B. 273, a bill to implement a recommendation of the Government Performance 
Audit Committee to create a moratorium on establishment of colleges and satellite 
campuses in the North Carolina Community College System. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 274, a bill to implement a recommendation of the Government Performance 
Audit Committee regarding the appointment of local community colleges board 
members. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 275, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish a funding goal for the North Carolina Community College 
System. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 276, a bill to implement recommendations of the Government Performance 
Audit Committee to change the method of selecting presidents of community colleges. 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 277, a bill to implement a recommendation of the Government Performance 
Audit Committee relating to the funding formula used for the North Carolina Community 
College System. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 278, a bill to implement a recommendation of the Government Performance 
Audit Committee to transfer to the Department of Labor major worker training programs 
and other labor-related functions currently established in other State departments or 
agencies. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 279, a bill to implement a recommendation of the Government Performance 
Audit Committee to transfer Department of Administration advocacy groups to the 
Office of the Governor and to the Department of Human Resources. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 280, a bill to implement a recommendation of the Government Performance 
Audit Committee to require a plan to reduce the people served in the State's mental 
retardation centers. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 281, a bill to implement a recommendation of the Government Performance 
Audit Committee to develop a multiyear pilot program to implement a single stream of 
funding system for the State's mental hospitals. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 282, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish a policy to increase the use of community-based programs 
for the developmentally disabled and to downsize State-operated mental retardation 
centers. 

Referred to Government Performance Audit Select Committee. 



February 19, 1993 



1993] SENATE JOURNAL 95 

By Senator Martin of Guilford: 

S.B. 283, a bill to implement a recommendation of the Government Performance 
Audit Committee to require a plan to replace the State's mental health hospitals with 
downsized, more efficient hospitals. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 284, a bill to implement a recommendation of the Government Performance 
Audit Committee to develop a multiyear pilot program to implement a single stream of 
funding for the State's Alcohol Drug Abuse Treatment Centers (ADATC'S). 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 285, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Governor to study Butner public safety. 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 286, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate the Department of Crime Control and Public Safety and 
place its divisions within the appropriate departments. 

Referred to Government Performance Audit Select Committee. 

REPORT TO GENERAL ASSEMBLY 

An Agency directed to report to the General Assembly submits a report 
(see Addendum) which is ordered placed on file in the Legislative Library, as follows: 

Pursuant to G.S. 115C-238. 7 (b)(4), the North Carolina Department of Public 
Instruction submits its School Site-Based Management Report. 

The hour having arrived, pursuant to H.J.R. 199, a joint resolution inviting the 
Honorable Albert Gore, Jr., Vice President of the United States, to address a joint 
session of the House of Representatives and the Senate, the President orders a special 
message sent to the House of Representatives informing that Honorable Body that the 
Senate stands ready to repair to the Hall of the House, there to sit in Joint Session with 
that Honorable Body for the purpose of receiving a message from the Honorable Albert 
Gore, Jr., Vice-President of the United States of America. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 
H.J.R. 199 House of Representatives 

February 19, 1993 
Mr. President: 

Pursuant to H.J. R. 199 "A JOINT RESOLUTION INVITING THE HONORABLE 
ALBERT GORE, JR., VICE PRESIDENT OF THE UNITED STATES, TO 
ADDRESS A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND 
THE SENATE," the House of Representatives stands ready to receive the Senate in 
Joint Session at the appointed hour. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 



February 19, 1993 



96 SENATE JOURNAL [Session 

Senator Basnight offers a motion, duly seconded, that the Senate stand in recess to 
repair to the Hall of the House of Representatives, there to sit in Joint Session, for the 
purpose of receiving a message from the Honorable Albert Gore, Jr. , Vice-President of 
the United States of America, and further moves, upon dissolution of the Joint Session, 
to adjourn to meet Monday, February 22, at 7:00 P.M., which motions prevail. The 
Chair declares the Senate in recess. The Senate, preceded by its Officers, repairs to the 
Hall of the House of Representatives, (see Addendum) 

JOINT SESSION 

The Senate is received by the members of the House of Representatives standing. 
Speaker Blue presents the gavel to Lieutenant Governor Dennis A. Wicker, President of 
the Senate. The Joint Session is called to order by the President of the Senate. 

The President of the Senate recognizes the Sergeant-at-Arms of the House of 
Representatives who announces the presence of the Vice-President of the United States, 
the Honorable Albert Gore, Jr., who approaches the Well of the House of 
Representatives and delivers his message, (see Appendix) 

On motion of Senator Basnight, the Joint Session is dissolved and pursuant to the 
motion heretofore made, the Senate stands adjourned to meet Monday, February 22, at 
7:00 P.M. 



SIXTEENTH DAY 

Senate Chamber, 
Monday, February 22, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, when asked why he converted to Catholicism twice during his long 
reign, an irreligious French king replied, 'Paris was worth the mass.' 

"Situation Ethicists, like the king, are tempted to have a mask for every occasion. The 
danger, of course, is that one day, having grown used to all the different faces, they no 
longer even recognize themselves. 

"We pray that the light of our true selves will so shine before other people that they may 
see our good works and glorify You, O God, in Heaven. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Friday, February 
19, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for tonight to Senator 
Winner of Buncombe and to Senator Folger; to Senator Sherron, for tomorrow, February 
23, who is going to Fort Worth, Texas with Governor Hunt in regards to American 
Airline terminal at Raleigh-Durham. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 



February 22, 1993 



1993] SENATE JOURNAL 97 

By Senator Martin of Guilford: 

S.B. 287, a bill to implement a recommendation of the Government Performance 
Audit Committee relating to nonpolitical hiring of State employees. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 288, a bill to implement recommendations of the Government Performance 
Audit Committee to provide for the comprehensive training of State employees. 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 289, a bill to implement a recommendation of the Government Performance 
Audit Committee relating to the monitoring and reporting of State employee performance 
pay increases to ensure nondiscriminatory pay practices. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 290, a bill to implement recommendations of the Governmental Performance 
Audit Committee to establish a State human resources management planning function in 
the Office of State Personnel. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 291, a bill to implement a recommendation of the Government Performance 
Audit Committee to phase out Division of Motor Vehicles law enforcement. 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 292, a bill to implement recommendations of the Government Performance 
Audit Committee to set a retirement income goal for law enforcement personnel and 
revise the special separation allowance accordingly, and to reconcile the differences in 
postretirement benefits provided to law enforcement officers, including pension plans, 
401 (k) plans, and severance allowances. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 293, a bill to implement a recommendation of the Government Performance 
Audit Committee relating to restricting the use of State funds to pay law enforcement 
officer benefits to State employees who do not require law enforcement officer status. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 294, a bill to implement a recommendation of the Government Performance 
Audit Committee to repeal the automatic merit pay increase for Highway Patrol officers 
and to make merit pay for Highway Patrol officers subject to the same budgetary and 
personnel evaluation processes as are applicable to other State law enforcement officers. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 295, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate twenty positions in the Office of the Secretary of the 
Department of Human Resources and to streamline the office further. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 



February 22, 1993 



98 SENATE JOURNAL [Session 

By Senator Martin of Guilford: 

S.B. 296, a bill to implement recommendations of the Government Performance 
Audit Committee concerning the monitoring of the State's human resources 
management function. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 297, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish a human resources management function within the 
General Assembly. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Rules and Operation of the Senate 
Committee. 

By Senator Martin of Guilford: 

S.B. 298, a bill to implement the recommendations of the Government Performance 
Audit Committee to study the feasibility of streamlining the regional organizational 
structure for public health programs, and to reexamine the organizational placement of 
public health programs in the Department of Environment, Health, and Natural 
Resources. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Rules and Operation of the Senate 
Committee and upon a favorable report, re-referred to the Appropriations 
Committee. 

By Senator Martin of Guilford: 

S.B. 299, a bill to implement a recommendation of the Government Performance 
Audit Committee to transfer publication of the North Carolina Register and the North 
Carolina Administrative Code from the Office of Administrative Hearings to the 
Secretary of State. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 300, a bill to implement a recommendation of the Government Performance 
Audit Committee to transfer to the Administrative Office of the Courts the responsibility 
for providing support services for the Office of Administrative Hearings, to eliminate 
positions at the Office of Administrative Hearings that will no longer be needed because 
of the transfer of responsibility, and to move the Office of Administrative Hearings so 
that it is physically located with the staff of the Administrative Office of the Courts. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 301, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate the High Point Regional Office of the Office of 
Administrative Hearings. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 302, a bill to implement a recommendation of the Government Performance 
Audit Committee by directing the Office of Administrative Hearings to propose a 
schedule of fees to be imposed in contested cases. 

Referred to Government Performance Audit Select Committee. 



February 22, 1993 



1993] SENATE JOURNAL 99 

By Senator Martin of Guilford: 

S.B. 303, a bill to implement a recommendation of the Government Performance 
Audit Committee to equalize longevity pay schedules, except as limited by the North 
Carolina Constitution. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 304, a bill to implement a recommendation of the Government Performance 
Audit Committee to equalize longevity pay schedules, except as limited by the North 
Carolina Constitution but to allow employees and officers currently receiving longevity at 
a higher level to continue to receive it at a frozen level. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 305, a bill to implement a recommendation of the Government Performance 
Audit Committee to discontinue longevity pay schedules, except as limited by the North 
Carolina Constitution. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 306, a bill to implement a recommendation of the Government Performance 
Audit Committee to discontinue longevity pay schedules, but to allow employees and 
officers currently receiving longevity to continue to receive it at a frozen level. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 307, a bill to implement recommendations of the Government Performance 
Audit Committee regarding State employee performance pay and the appraisal of State 
employee performance. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 308, a bill to implement a recommendation of the Government Performance 
Audit Committee to equalize the employee benefits treatment of General Assembly 
temporary employees. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 309, a bill to implement recommendations of the Government Performance 
Audit Committee to change the manner of appointment of the State Personnel Director 
and of departmental personnel directors. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 310, a bill to implement recommendations of the Government Performance 
Audit Committee concerning the classification of State employees and to appropriate 
funds to implement the classification recommendations. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 



February 22, 1993 



100 SENATE JOURNAL [Session 

By Senator Martin of Guilford: 

S.B. 311, a bill to implement the recommendations of the Government Performance 
Audit Committee regarding the establishment of an annual opinion survey of State 
employees. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 312, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish sunset dates for all State Boards and Commissions. 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 313, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate certain Assistant Secretary positions in the Department of 
Human Resources. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 314, a bill to implement a recommendation of the Government Performance 
Audit Committee to restructure the child support system in North Carolina. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly 
submit reports (see Addendum) which are ordered placed on file in the Legislative 
Library, as follows: 

Pursuant to Chapter 689 of the 1991 Session Laws, the Department of Human 
Resources submits its Quarterly Report on Cassell v. Flaherty for the period ending 
December 31, 1992. 

The North Carolina Department of Revenue submits its Revenue Comparative 
Statement of Net Collections for the months of January 1993 and 1992. 

The President recognizes the following pages serving in the Senate this week: 

Jason Arnold, Franklin; Wes Ball, Washington; Jason R. Burgess, Jacksonville; 
Jennifer Carroll, Raleigh; Andrea Rae Chamblee, Zebulon; Kelly Brooks Harlan, 
Charlotte; Melissa Joyce Harris, Zebulon; Tameshia Minett McFadden, Tarawa 
Terrace; Nicole Elaine Mitchell, Raleigh; Latanya Moore, Washington; Holle Nevius, 
Raleigh; Lee Elizabeth Norris, Sanford; Leah Jo Osborne, Raleigh; Amy Denise 
Patterson, Wilson; Amy Suzanne Putnam, Kings Mountain; Mary C. Putney, Elm City; 
Kim Rogers, Chocowinity; and William Edward Tillitt, Louisburg. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives, transmitting the 
following joint resolution, which is read the first time and disposed of, as follows: 

H.J.R. 18, a joint resolution honoring the life and memory of Luther Reginald 
Jeralds, distinguished State Representative and citizen of North Carolina. 

On motion of Senator Sands, without objection, the joint resolution is placed before 
the Senate for immediate consideration. 

With unanimous consent, on motion of Senator Basnight, the joint resolution and the 
remarks of members honoring and memorializing the life and memory of 



February 22, 1993 



1993] SENATE JOURNAL 101 

Luther R. Jeralds, the late Representative from Cumberland County, are spread upon 
the Journal, as follows: 

Whereas, Luther Reginald "Nick" Jeralds was born in the Town of Orrum in Robeson 
County on August 20, 1938, to Winnie B. Jeralds and Amy Lee McMillan Jeralds; and 

Whereas, Luther Reginald "Nick" Jeralds was educated in the North Carolina public 
schools and St. Emma Military Academy, and was graduated from North Carolina 
College, now North Carolina 

Central University, in 1961 with a bachelors degree in accounting; and 

Whereas, after college, Luther Reginald "Nick" Jeralds joined the National Football 
League where he played with the Minnesota Vikings and the Dallas Texans, later known 
as the Kansas City Chiefs; and 

Whereas, Luther Reginald "Nick" Jeralds also played with the Edmonton Eskimos, a 
Canadian football team for one year; and 

Whereas, Luther Reginald "Nick" Jeralds was inducted into North Carolina Central 
University's Athletic Hall of Fame in 1987; and 

Whereas, after his professional football career ended, Luther Reginald "Nick" Jeralds 
returned to North Carolina and became a successful realtor and executive; and 

Whereas, Luther Reginald "Nick" Jeralds gave freely of his time, great energy, and 
many talents to virtually all aspects of his community, serving as a member of the 
Fayetteville Business and Professional League, the North Carolina Association of 
Minority Businesses, and Williams Chapel Free Will Baptist Church; and 

Whereas, Luther Reginald "Nick" Jeralds received numerous awards and honors 
including the Distinguished Leadership and Public Service Award from North Carolina 
A&T University in 1988; the Service Award from Alpha Kappa Alpha Sorority in 1987; 
the NAACP Humanitarian Award in 1986; the Chancellor's Certificate of Merit from 
Fayetteville State University in 1985; and Citizen of the Year from Omega Psi Phi 
Fraternity in 1984; and 

Whereas, Luther Reginald "Nick" Jeralds served the people of Cumberland County 
and the State of North Carolina for 10 years of service in the North Carolina House of 
Representatives; and 

Whereas, during his service with the General Assembly, Luther Reginald "Nick" 
Jeralds served on numerous committees including the Advisory Budget Commission, 
Appropriations, Constitutional Amendments, Elections Laws, and State Government; 
and 

Whereas, Luther Reginald "Nick" Jeralds served as chair of Human Resources and 
Military and Veteran Affairs and served as vice-chair of Legislative and Local 
Redistricting, Human Resources, the subcommittee on Personnel Policies, Banks and 
Thrift Institutions, and Constitutional Amendments; and 

Whereas, Luther Reginald "Nick" Jeralds was held in high esteem by his colleagues in 
the General Assembly and served with distinction until his death on December 13, 1992; 
and 

Whereas, Luther Reginald "Nick" Jeralds is survived by his widow, Jo Ann Fuller 
Jeralds; two sons, Adonis N. Jeralds and Adrian D. Jeralds; and a daughter, Arikka 
M. Jeralds; 

Now, therefore, be it resolved by the House of Representatives, the Senate concurring: 

Section 1. The General Assembly honors the memory of Luther Reginald "Nick" 
Jeralds and expresses the gratitude and appreciation of this State and its citizens for his 
life and devoted service to North Carolina. 

Sec. 2. The General Assembly extends its deep sorrow to the family and friends of 
Luther Reginald "Nick" Jeralds for the loss of a beloved family man and a true friend. 

Sec. 3. The Secretary of State shall transmit a certified copy of this resolution to the 
family of Luther Reginald "Nick" Jeralds. 

Sec. 4. This resolution is effective upon ratification. 



February 22, 1993 



102 SENATE JOURNAL [Session 

By Senator Edwards: 

"Thank you, Mr. President and members of the Senate. I had an opportunity to sit 
over in the House a few moments ago and listen to the words that came from the members 
of that Body, and, of course, I happened to have been a member of that Body during the 
time or, at least, for eight years while Representative Jeralds served. As I listened to 
them and listened to the high regard that they had for Representative Jeralds, and know- 
ing that some of the members of this Body also served with him, I thought I would just 
suspend the reading of the resolution or ask that it be suspended and that I ' 11 speak briefly 
on the resolution concerning our friend, Representative Jeralds. 

"Even though Representative Jeralds was born in neighboring Robeson County, he 
nevertheless was brought by his family to Cumberland County while yet a child. And 
because of his coming there so early and spending his entire life there, Cumberland 
County considered him as a native son, as a distinguished and honorable person who 
brought honor and distinction to the County itself as to the City of Fayetteville. And, in 
that sense, I just thought that I need to say that he attended public schools there in 
Cumberland County and graduated with a great deal of honor and respect from the high 
school there being an outstanding athlete. Following there he went to North Carolina 
Central University in Durham where he starred as an athlete, and where he was known 
also for his doing well academically there. He did so well in his football playing that he 
was drafted by a major sport, I believe it was the National Football League and served 
with two or three of our National Football League teams. 

"Coming back to Fayetteville he became a businessman. The truth of the matter is I 
just observed him casually for a long time. I knew him as Luther "Nick" Jeralds, 
businessman, but I had no really reason to be in constant contact with him until 1982 
when, because of the redisricting there was a 17th District organized in Cumberland 
County that gave minorities an opportunity to be represented in the House of 
Representatives, there was a two-seat district but three of us ran and, of course, Nick 
and I won. It was from that time forward that I began to note him well. We became 
friends and beginning in 1983, we served in the House for eight years. And during that 
period also, his family and my family became very close. His wife, Joanne, and my wife, 
Luella, became friends, and the entire relationship grew until the very end." 

"Now, Nick Jeralds was a serious minded person who went about his duties not with a 
great deal of noise, but with a great deal of dedication and commitment. Singularly 
having a special interest in children and more recently in health issues. We worked 
together on special projects. We co-sponsored really most of the bills that benefited the 
County and the State, and you could always tell that he had done his homework. And, 
because of that, we did not have too much difficulty in getting our bills through. More 
recently, Nick served as Co-chairman of the Select Committee in the House dealing 
particularly with health issues and with children issues. It also ought to be noted that 
during his first year, his first term, in the North Carolina House, Nick was appointed to 
the Advisory Budget Commission which was a significant appointment, and he served it 
well; and Fayetteville and North Carolina benefited by it. 

"I could go on and on and talk about Nick and his work and his family, but I know 
others will want to talk about him. But the members of his family are here. His widow, 
Joanne, his son, Adonis Nicaro, we call "Sporty" who now lives in Charlotte, his son, 
Adrian Dominick, who now resides in Winston-Salem, and his beautiful daughter, 
Arica Minikki, who is a graduating senior and will be going off to college for the next 
session. His mother, Mrs. Amy Jeralds is here, his grandchildren, his in-laws. And, at 
the proper time, I hope you will recognize this. 

"I believe that Nick would have me say something else that is sort of personal. I heard 
that the House talk about him, but there was another side of Nick, that being a pastor 
myself, that we had some relationships that I think are noteworthy here. I think he would 
want me to say it, and I said it when I gave the memorial tribute at his funeral service. 
About five or six years ago, Nick had a spiritual experience that changed his life. We 
talked about it a great deal, and I believe that what happened to him at that time 



February 22, 1993 



1993] SENATE JOURNAL 103 

sustained him during those difficult days. As I went by to see him, we would talk about 
what was happening politically and in the Legislature. But before I left, always, we 
would talk about his spiritual experience, and he had me to know that his faith was strong 
even though his body was weak. And for that, naturally, I became very close to him. 
And so, Mr. President and members of the Senate, at the proper time if you will 
recognize the family, and I commend the resolution to you." 

By Senator Ballance: 

"Mr. President and members of the Senate, and to the family and friends of our friend, 
Nick Jeralds . I will be brief. I know the family has been here in Raleigh now for a couple 
of hours, and I know that members of the Senate were kind enough to wait around for 
more than a half hour just to allow the House to complete its reading of this resolution 
and debate of it, so I will be brief. 

"I want to just say a couple of things. Ten years ago, when I first came as a member of 
the House, I knew Nick Jeralds before then but we became real close during that Session. 
In fact, we roomed together in 1983. Then when we came back in 1985, we got along 
very well and decided to try it again. This time, we got a house and you would be 
interested to know, Senator Edwards, that we brought in Reverend Sidney Locks to be 
our third roommate in 1985. And then later we did not room together following that. But 
during the, I believe, it was during the '83 Session this little story I want to tell you about. 

"You know, Nick was a pretty determined fellow as his wife and family would know. 
Back then some of us recall there was a law on the books that said if you got a speeding 
ticket, you had to sign the ticket. Well, I came down here with a bill in my pocket, put it 
in and it passed the House flying; but when it got to the Senate, the Commissioner of 
Motor Vehicles didn't like it, I believe his name was Mr. Wilkerson from Little 
Washington, at that time, and the bill didn't pass the Senate. Well, that — one night, 
Nick was coming home, and he didn't quite get there, and I got a phone call from the 
local lock-up, and they had Nick Jeralds down there. I said, 'What's wrong, "Room"?' 
He said, 'Man, they gave me a ticket, but I wasn't going that fast, but then he wanted me 
to sign it.' I said, 'Well, did you sign it?' and he said, 'No.' I said, 'Well, I'll be down 
to get you out. ' So, I went down and got him out of jail that night, Joanne, but he was 
determined in whatever he believed in, he stuck with it. Later on, the following year 
1985, I came back with that same little bill in my pocket. It passed the House. Mr. 
Wilkerson was no longer over DMMV, and it passed the Senate. There was no 
opposition. And now, if you get a speeding ticket, you can sign it if you want to, but you 
don't have to. 

"I want to tell you just one other thing about Nick. He always gave me good advice. 
Whenever I had an issue that I wanted to bring up before him, sometimes I didn't have to 
bring it up. But he gave me good advice. Time, like an ever-flowing stream, bears all its 
sons away. They fly, forgotten as a dream, dies at the opening of day. Now, Nick 
Jeralds will not be forgotten because he touched so many lives. He cared for too many 
people, and he worked too hard for us to forget him. Thank you very much." 

By Senator Tally: 

"Members of the Senate, I am sorry I can't see the members of the family. I did see 
some outside beforehand. But I am so proud that we had the opportunity for Nick 
Jeralds. He was an old friend of mine, and when he decided to run, a neighbor of his 
called me and said I want you to come over and give him some advice. Senator Ballance, 
I was giving advice at that time. I had been in the House ten years; thought I knew a great 
deal and was running for the Senate at that time. Of course, we all learn we don't know 
everything. But Nick was a wonderful person, and he sat there, and he listened to me, 
and he talked with me, and then he asked some very pertinent questions. And I found out 
that he knew a great deal already, and that he knew a lot about children. He knew a lot 
about health issues, and he knew a lot about housing issues. He was very interested in 
really coming to the General Assembly and doing something for his people and for all of 
us in Cumberland County. 



February 22, 1993 



104 SENATE JOURNAL [Session 

"I value that meeting. We talked a longtime. It was really a great challenge forme. I 
found he had a lot of courage. Even then, he would always speak his mind. He would 
say what he thought. He would say what he thought was best for his community. I think 
that Nick Jeralds is a credit to all of us, and I think that his memory will live a long time 
for that reason. Also, during this past year, he was learning a great deal about health 
care reforms, which we are all interested in and talking about now. It is now what we call 
'the cutting edge. ' At that time, it was just beginning, and he went out of the State on a 
number of meetings , and he learned a lot , and he brought back a lot of information . And 
I think that we will find that some of that information will come out in some of the reports 
and in some of the bills that we have this time. 

"To his family, I want to say that we loved Nick very much, and we love you, and we 
hope that you will bear with us as we go ahead, and as we try to carry out the things which 
he would have wished us to do , and with all the courage that he had . Thank you for your 
support." 

By Senator Richardson: 

"I know that it is getting late, but I would be remiss if I didn't get up and say a few 
words about Nick. Joanne and my wife became very good friends since I became a 
Legislator and his family. And since his son, 'Sporty, ' has moved to Charlotte, we have 
become very close. We attended the Southern Legislative Conference and other 
conferences, and we kind of hung out together when we go to these conferences, and 
Nick became very popular at the Southern Legislative Conference winding up being the 
Vice-Chairman of the Human Resources Committee, and I served on that Committee 
also. I served in the Legislature on all the Human Resources Committees that Nick 
served on in the House , and I served on in the Senate . One of the last pieces of legislation 
that I dealt with that Nick introduced on the House side was a ban beating children in day 
care centers. And that bill was very important to Nick as other bills dealing with 
children. And I began to run into a little trouble on this side with that bill with questions 
about the legality of how the bill was written and all. I would go back and tell Nick, and 
he said, 'I don't care what it takes, you just tell me who is talking against it, and I will go 
over there and lobby them myself. ' And he did, and we passed that bill, and he was very 
proud of that. I am proud to say that I was a friend of Nick and his family's, and we will 
miss him very much, and I commend the resolution to you." 

By Senator Walker: 

"Mr. President and members of this Senate and members of the family, I am like 
Senator Richardson. I'd be remiss if I didn't speak to — having worked with 
Representative Jeralds on Human Resources. I don't think was have had in this General 
Assembly a more caring person for those people who needed help . He worked in so many 
different areas and as someone has said about the health care issues, those things that 
are coming before us and have already been before us, our Human Resources Committee 
this year in the sense of looking at making available medical assistance, Medicaid to 
people who do not have that care today, part of the access bill, he offered a bill similar to 
that, I think even two sessions ago. So, he was somebody who was caring, somebody 
who wanted to help those people who least help themselves, and I certainly feel very 
honored to be able to speak on this resolution." 

By Senator Daniel: 

"Members of the Senate and to the family and friends of Nick Jeralds. I say we miss 
him as you do. Nick is a fixture in this place, whether he be physically with us tonight, 
but we do welcome this evening to share in the celebration of his life. It's occasions like 
this that really bring out in each of us, particularly serving here in the General Assembly, 
what it is to serve in this Body and the friendships that we make. I didn't know Nick 
Jeralds long, but I had an occasion to serve with him in being selected to serve as a 
Co-chair on the Access to Health Insurance Commission. 

"Senator Tally, on one of those out-of-state meetings that you spoke of, Nick and I— I 
had a chance to be with him down in Austin, Texas, and I learned and I started to learn a 



February 22, 1993 



1993] SENATE JOURNAL 105 

lot about this gentleman when I began to call him a 'Gentle Giant' not just because of his 
athletic prowess, but because of prowess in the areas of human services. I had watched 
him in the years before and championed the cause of children and the corporal punish- 
ment bill, and as we sat down in Austin, Texas in an out-of-the-way place at this 
seminar, I found out to his credit just how much he knew about health care and health 
care access. We talked a lot while we were down there about the unsettling fact of those 
that were insured today, unless we did something about the spiraling health care costs, 
would not be insured tomorrow. And I want to tell you family, Nick had a vision. He 
had a vision in health care that in the future that this was one of the basic rights that we as 
a society owed to the citizens of this State and to the citizens of this Nation. 

"To him, health care access wasn't just some issue to be legislated, it was a lot more 
personal. Admit that sick children were unable to get the best education possible to turn 
their little lives around; admit the disabled, the under-privileged and the unemployed. 
To Nick Jeralds this crisis had faces and feelings and families. Admit the case of a Mrs. 
Nelson whose husband died from a rare form of cancer. The insurance companies 
refused to provide coverage to her three children because it was the type of cancer that 
could possibly be inherited. It also admit the case of Mrs. Robinson whose individual 
health insurance cost rose from $147.00 a month to $624.00 a month because of her 
health care conditions. Nick and I sat night after night on the public hearings at this 
Health Access Insurance Commission had in Charlotte and Greensboro and in other 
places and heard these stories. These and many like them needed a champion for their 
cause and as typical, Nick stepped to the front of the line as he had become accustomed 
to doing. 

"During his 10 years in the Legislature he was there when decisions particularly on 
human resource matters so this new crusade for health care access was a perfect fit for 
him. Just as he was becoming not only a leader in this field, but also an authority, he was 
taken from us. This friend to the human spirit has said goodbye, but then again, he 
hasn't. His works and endeavors live on. Health access has become a priority in this 
Session, not only in this State, but in this Nation. Senator Edwards, I remember at 
Nick ' s funeral there was read a favorite poem , one that is a favorite of mine , ' The House 
by the Side of the Road' by Sir Walter Frost. In it he said: 

I see from my house by the side of the road, by the side of the highway of 

life, 

the men who press with the aura of hope, the men who are faint with 

strife. 

But I turn not away from their smiles nor their tears, both parts of an 

infinite plan, 

Let me live in a house by the side of the road, and be a friend of man. 
Members of the Senate I can tell you from the bottom of my heart, this 'Gentle Giant' 
was a friend of man, a friend of all mankind. And Nick, I want to thank you for 
everything." 

By Senator Conder: 

"Mr. President, members of the family, ladies and gentlemen of the Senate. I did not 
get to know Nick until '87 or '88, sometime back then, and he was a champion of 
children's issues back before they became popular. He was very instrumental in working 
with some of us toward getting preschool for disadvantaged three- and four-year-old 
children. He had a very, very sincere feeling and dedication and love for all children, not 
just his. Don't know Nick's family except 'Sporty. ' I did meet 'Sporty' through Nick at 
the Coliseum in Charlotte one night; and I could tell his love and dedication to you, 
'Sporty, ' and I know that if he felt that way about you, he felt that way about the rest of 
his family. And he did not limit it to his family, he thought that much about the other 
children in the State of North Carolina. We miss Nick, and we thank you for sharing 
Nick with us and the people of the State of North Carolina, and we certainly wish you 
well and we wish the memory of Nick Jeralds well, as well. Thank you." 



February 22, 1993 



106 SENATE JOURNAL [Session 

By Senator Martin of Guilford: 

"Mr. President, members of the Senator, Joanne, other members of the Jeralds' 
family. I just want to say a few words, most of which, I think, have already been covered 
to some extent or another tonight. One of the things I think that impressed me more than 
anything else about Nick, is given the fact that he was a crusader for children's issues, 
adolescent pregnancy matters, and health care and these various other things we have 
heard tonight. The thing that is most impressive is that is was very clear from knowing 
him that he was genuinely sincere about what he was doing. It was not a part of a 
political agenda, it was not a part of a preconceived notion, but it was for the idea of 
making this a better world, a better community, a better State. And I think that he 
played a great role in making that happen. As a matter of fact, I can't help but to think 
back upon the agenda that was created by John Kennedy relative to the civil rights 
legislation, although he was assassinated prior to the time that was enacted, his spirit 
sort of lived the battle until the next administration when it was passed. I look at the 
issues we are faced with health care today, tonight, this year as being of that same 
category. I know that we can always look forward to Nick Jeralds leading the fight, and 
this is one matter where we make these changes relative to the health care system, we 
can look at it and say we are winning it for Nick. Thank you, and I ask your support for 
the resolution." 

By Senator Albertson: 

"A lot of good things have been said tonight about Nick Jeralds, and I can tell you that 
they are all true. He was somebody who loved people. He really loved people, and that 
has got to be what life is all about. My life is better from having known him, and I 
commend this resolution to you." 

By Senator Basnight: 

"Thank you, Mr. President and to Nick's family, to members of this Body. It was in 
the last days of the Session when Nick Jeralds came to my office, and we were in conflict 
as we all can remember with the House with differences upon the budget. There was 
project in that budget at the time that meant a great deal to the people of this State and 
most especially to Fayetteville State University, and to the Representatives that 
represented that area at the time and that was Nick. It was late in the night, Jim, that he 
sat across from me and he spoke to me as a person who cared not just for that institution 
and that appropriation for that facility, but he spoke on behalf of all the people of this 
State and he spoke in that we should not have the conflict that we were having, and that it 
was not good, not just for this State, but it was not good for myself for those of us in the 
appropriations process or any of us who served in the North Carolina General Assembly. 
He said that night, George, 'There are no winners when we act like children, and that's 
the way we act now, and change would have to occur and occur quickly, because we were 
the losers, we were the people who represented those very ones who sent us here to make 
decisions as grown people, as grown men and women.' And he said, 'Marc, it is 
incumbent upon you as one of those people to make certain that not just this 
appropriation is approved, but all that we have worked for in this Session, because with- 
out it we lose the Session, and we lose what we are about. ' He said, 'Be the man that you 
should be, make that change and make it now, not for Nick, not for me, but for the future 
generations that will live in this State. ' He spoke from the heart, he spoke from what 
hopefully all people will speak from and that is the betterment of mankind. He is a man 
who greatly impressed me and one that North Carolina desperately needs in the future. 
To the family, I say, you gave us an opportunity to share with him, and he gave the State 
a better way by it. I thank you for giving Nick George — Nick Jeralds the opportunity for 
me to get to know him as well as the rest of us." 



February 22, 1993 



1993] SENATE JOURNAL 107 

By Lieutenant Governor Wicker: 

"Members of the Senate, I would be remiss if I didn't say that Nick Jeralds was one of 
the finest individuals I've ever associated with. Indeed, another great oak has fallen in 
North Carolina." 

The joint resolution passes its second (39-0) and third readings. The Chair orders the 
joint resolution enrolled. 

The Chair recognizes the family of Luther R. Jeralds including his widow, JoAnn; his 
children, Adonis, Dominic, and Minikki; and his mother, Winnie B. Jeralds. The 
Senate acknowledges the Jeralds family with a standing ovation. 

In memory of Luther R. "Nick" Jeralds, on motion of Senator Basnight, seconded by 
Senator Edwards, the Senate adjourns at 8:32 P.M. to meet tomorrow, Tuesday, 
February 23, at 1:30 P.M. 



SEVENTEENTH DAY 

Senate Chamber, 
Tuesday, February 23, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Father, effective legislation is like effective ministry. It brings good news to the poor, 
proclaims liberty to captives and new sight to the blind and sets the downtrodden free. 

"Encourage us never to separate our service to others from our spirituality. When our 
schedules tell us we are too busy to pray; that we have too many needs to attend to; too 
many people to respond to; too many wounds to heal; may we seek first Your guidance. 
We need not be in a desert or on a mountaintop to commune with You. The greatest 
events in history have been recorded from the valley where service and prayer were 
inseparable partners. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Monday, 
February 22, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

A leave of absence previously granted to Senator Sherron for today is noted. 



ENROLLED RESOLUTION 

The Enrolling Clerk reports the following resolution properly enrolled, and it is duly 
ratified, and sent to the Office of the Secretary of State: 

H.J.R. 18, a joint resolution honoring the life and memory of Luther Reginald 
Jeralds, distinguished State Representative and citizen of North Carolina. (Res. 3) 



INTRODUCTION OF BILLS AND RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 



February 23, 1993 



108 SENATE JOURNAL [Session 

By Senator Martin of Guilford: 

S.B. 315, a bill to implement a Government Performance Audit Committee 
recommendation to require periodic information technology briefings for executive, 
judicial, and legislative officials. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 316, a bill to implement a recommendation of the Government Performance 
Audit Committee to require plans for continuous updates of certain information 
technology position descriptions. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 317, a bill to implement recommendations of the Government Performance 
Audit Committee to require the State Information Processing Services to plan for 
implementing a performance analysis and capacity planning operation. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 318, a bill to implement recommendations of the Government Performance 
Audit Committee to structure and organize the billing, rates, and financial strategies of 
the State Information Processing Services. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 319, a bill to implement a recommendation of the Government Performance 
Audit Committee to require the General Assembly to develop a process for mulityear 
funding of technology projects. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 320, a bill to implement a recommendation of the Government Performance 
Audit Committee to require a plan for relocating certain technical staff to the State 
Information Processing Services. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 321, a bill to implement recommendations of the Government Performance 
Audit Committee to require the State Information Processing Services to provide 
technical leadership in various information technologies. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 322, a bill to implement recommendations of the Government Performance 
Audit Committee relating to audits in ten agencies' information systems. 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 323, a bill to implement a recommendation of the Government Performance 
Audit Committee to require State Information Processing Services to improve services to 
its customers. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 324, a bill to implement recommendations of the Government Performance 
Audit Committee to provide for uniform agency information technology policies, 
procedures, and standards and to encourage links agency program objectives and 
information technology plans. 

Referred to Government Performance Audit Select Committee. 



February 23, 1993 



1993] SENATE JOURNAL 109 

By Senator Martin of Guilford: 

S.B. 325, a bill to implement recommendations of the Government Performance 
Audit Committee to mandate a policy specifying when agencies may use information 
resources other than those provided by the State Information Processing Services. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 326, a bill to implement recommendations of the Government Performance 
Audit Committee to encourage top management oversight of information resources in 
State agencies. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 327, a bill to implement a Government Performance Audit Committee 
recommendation to require information resources disaster recovery planning in State 
government. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 328, a bill to implement recommendations of the Government Performance 
Audit Committee to implement internal management improvements at the State 
Information Processing Services. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 329, a bill to implement a recommendation of the Government Performance 
Audit Committee to require agency plans for purchasing and using personal computers 
and workstations. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 330, a bill to implement the recommendations of the Government Performance 
Audit Committee with regards to benefits provided through the Teachers' and State 
Employees' Comprehensive Major Medical Plan and related benefit plans. — 1 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Pensions and Retirement Committee and 
upon a favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 331, a bill to implement the recommendations of the Government Performance 
Audit Committee with regards to benefits provided through the Teachers' and State 
Employees' Comprehensive Major Medical Plan and related benefit plans. — 2 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Pensions and Retirement Committee and 
upon a favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 332, a bill to implement the recommendations of the Government Performance 
Audit Committee with regards to compensation and benefits provided by the State. — 3 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Pitt: 

S.B. 333, a bill to appropriate funds to the North Carolina Rural Economic 
Development Center, Incorporated, for job training in Eastern North Carolina. 
Referred to Appropriations Committee. 



February 23, 1993 



110 SENATE JOURNAL [Session 

By Senators Ward, Tally, Kaplan, Soles, Walker, Richardson, Edwards, and Lee: 
S. J.R. 334, a joint resolution to implement a recommendation of the Mental Health 

Study Commission adopting the Child and Adolescent Alcohol and other Drug Abuse 

Plan as policy guidance for the development of services. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Conder and Plyler: 

S.B. 335, a bill to exempt Richmond County from seeking five prospective buyers 
before it transfers Richmond Memorial Hospital to Richmond Memorial Hospital, a 
nonprofit corporation. 

Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 87, a bill to require consent of the Board of Commissioners of Catawba, Gaston, 
Iredell, and Lincoln Counties before land may be condemned or acquired by a unit of 
local government outside the county. 

Senator Winner of Mecklenburg offers Amendment No. 1 which is adopted (45-0). 

Pursuant to Rule 55, the Chair directs the Principal Clerk to change the title to read 
S.B. 87, a bill to require consent of the Board of Commissioners of Catawba, Gaston, 
Iredell, Lincoln, and Mecklenburg Counties before land may be condemned or acquired 
by a unit of local government outside the county. 

The bill, as amended, passes its second reading (45-0). 

Senator Hartsell objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, February 24, for further consideration, 
upon third reading. 

S.B. 45, a bill to permit the use of the prison enterprise laundry operation in 
emergency situations. 

On motion of Senator Ballance, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (48-0). 

Senator Simpson objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, February 24, for further consideration, 
upon third reading. 

S.B. 46, a bill to establish a pilot program designed to rehabilitate prison inmates and 
reduce recidivism by utilizing a course of study based on developing positive mental 
attitudes. 

The bill passes its second (48-1) and third readings and is ordered sent to the House of 
Representatives. 

REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Martin of Guilford for the Government Performance Audit Select 
Committee: 

S.B. 132, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Secretary of Administration to designate a minority 
business coordinator, with a favorable report. 

S.B. 138, a bill to implement a recommendation of the Government Performance 
Audit Committee to require that the General Assembly update the general fund financial 
model each year, with a favorable report. 



February 23, 1993 



1993] SENATE JOURNAL 111 

S.B. 142, a bill to implement a recommendation of the Government Performance 
Audit Committee to allow State agencies to keep the proceeds from the sale of surplus 
property, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S. J.R. 147, a joint resolution to implement a recommendation of the Government 
Performance Audit Committee to put in place a follow-up process, including external 
review, for the implementation of the recommendations of the Government Performance 
Audit Committee, with a favorable report. 

Pursuant to Rule 43, the joint resolution is re-referred to the Appropriations 
Committee. 

S.B. 143, a bill to implement a recommendation of the Government Performance 
Audit Committee directing the Department of Administration to study the feasibility of 
consolidating State and federal surplus property functions, with a favorable report, as 
amended. 

S.B. 140, a bill to implement a recommendation of the Government Performance 
Audit Committee to revise the requirement that agencies must buy all items via State term 
contracts, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Martin of Guilford, the rules are suspended, and the Proposed 
Committee Substitute bill 4548 is placed before the Senate for immediate consideration, 
and on his further motion is adopted, and ordered, with unanimous consent, placed on 
the Calendar for tomorrow, February 24, for further consideration. 

S.B. 145, a bill to implement a recommendation of the Government Performance 
Audit Committee directing the Secretary of Administration to update the State purchas- 
ing manual, with an unfavorable report as to bill, but favorable as to Committee Substi- 
tute bill. 

On motion of Senator Martin of Guilford, the rules are suspended, and the Proposed 
Committee Substitute bill 6553, which changes the title to read S.B. 145 (Committee 
Substitute) , a bill to implement recommendations of the Government Performance Audit 
Committee to authorize the Secretary of Administration to study bid protest procedures 
and develop innovative government procurement practices, to improve the program 
under which specification standards are developed for commodities purchases by the 
State, and to provide for the development and implementation of a management 
information system on purchase activity by State agencies, is placed before the Senate for 
immediate consideration. 

On motion of Senator Martin of Guilford the Proposed Committee Substitute bill is 
adopted, and ordered, with unanimous consent, placed on the Calendar for tomorrow, 
February 24, for further consideration. 

S.B. 146, a bill to implement a recommendation of the Government Performance 
Audit Committee to begin the adoption and implementation of a policy for contracting 
out to the private sector services traditionally performed by State employees, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Martin of Guilford, the rules are suspended, and the Proposed 
Committee Substitute bill 9550 is placed before the Senate for immediate consideration, 
and on his further motion is adopted, and ordered, with unanimous consent, placed on 
the Calendar for tomorrow, February 24, for further consideration. 



February 23, 1993 



112 SENATE JOURNAL [Session 

CALENDAR (Continued) 

S.B. 45, a bill to permit the use of the prison enterprise laundry operation in 
emergency situations, as amended, upon third reading, placed earlier today on the 
Calendar for tomorrow, February 24. 

On motion of Senator Simpson, the bill is taken from the Calendar for Wednesday, 
February 24, and with unanimous consent, returned to the Calendar for today, for 
further consideration upon third reading. 

Senator Simpson offers Amendment No. 2 which is adopted (48-0). 

The bill, as amended, passes its third reading and is ordered engrossed and sent to the 
House of Representatives. 

REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly 
submit reports (see Addendum) which are ordered placed on file in the Legislative 
Library, as follows: 

Pursuant to Section 208, Chapter 689, of the 1991 Session Laws, the Department of 
Transportation submits its Off- Premise Sign Regulatory Program Biennial Report. 

Pursuant to G.S. 164-43, the North Carolina Sentencing and Policy Advisory 
Commission submits its Report to the 1993 Session of the General Assembly of North 
Carolina. 



APPOINTMENTS BY THE PRESIDENT PRO TEMPORE 

Senator Basnight, President Pro Tempore, announces the following appointments: 

LEGISLATIVE COMMITTEE ON NEW LICENSING BOARDS 

Senators Ballance, Seymour, Smith, and Soles are appointed. 



JOINT LEGISLATIVE COMMISSION ON 
GOVERNMENTAL OPERATIONS 

Senators Conder, Daniel, Hunt, Martin of Pitt, Perdue, Plyler, Richardson, Shaw, 
Sherron, and Warren are appointed. 

On motion of Senator Basnight, seconded by Senator Hyde, the Senate adjourns at 
2:14 P.M. to meet tomorrow, Wednesday, February 24, at 1:30 P.M. 



EIGHTEENTH DAY 

Senate Chamber, 
Wednesday, February 24, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 



February 24, 1993 



1993] SENATE JOURNAL 113 

A Phillips Brooks prayer is offered by the Reverend Mike Morris, Senate Chaplain, as 
follows: 

"Almighty God, 'we do not pray today for easy lives. We pray to be stronger people. 
We do not pray today for tasks equal to our powers. We pray for powers equal to our 
tasks.' Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Tuesday, 
February 23, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence to Senator Hunt for 
tomorrow, Thursday, February 25, and to Senator Sands who has to be in Superior Court 
in Rockingham County for March 1,2, and 3. 

REPORTS OF COMMITTEE 

Bills are reported from a standing committee, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Albertson for the Agriculture, Marine Resources, and Wildlife 
Committee: 

S.B. 96, a bill to modify the water column leases in Article 16 of Chapter 113 of the 
General Statutes, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 97, a bill to amend the General Statutes to authorize the Governor to appoint a 
spouse of a commercial fisherman to serve on the Marine Fisheries Commission in the 
place of the commercial fisherman, with a favorable report. 

S.B. 70, a bill to permit the inspection of ostriches and other ratites under the Meat 
Inspection Act, with a favorable report, as amended. 

Pursuant to rule 45.1, the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Finance Committee. 

S.B. 100, a bill to vest authority in the Secretary of Environment, Health, and 
Natural Resources to grant shellfish cultivation leases, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Albertson, the rules are suspended, and the proposed 
Committee Substitute bill 7581 is placed before the Senate for immediate consideration, 
and on his further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, February 25, for further consideration. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Plexico, Forrester, Richardson, Walker, Edwards, Gulley, Odom, Lee, 
Tally, Conder, Martin of Guilford, Ballance, Marshall, Hartsell, Daniel, Ward, and 
Albertson: 

S.B. 336, a bill to mandate criminal record checks of child day care providers and 
spouses of child day care operators. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 



February 24, 1993 



114 SENATE JOURNAL [Session 

By Senators Plexico, Cooper, Ballance, Allran, Tally, Martin of Guilford, Daniel, 
Lee, Conder, Hartsell, Ward, Gunter, Seymour, and Albertson: 

S.J.R. 337, a joint resolution authorizing the Legislative Research Commission to 
continue to study ways to promote energy conservation and the use of renewable energy 
sources in North Carolina. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Walker: 

S.B. 338, a bill to appropriate funds to provide Medicaid coverage for adopted 
children with special needs. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Walker: 

S.B. 339, a bill to appropriate funds to provide Medicaid coverage to elderly, blind, 
and disabled individuals receiving assistance under the Supplemental Security Income 
Program, to provide Medicaid coverage to aged, blind, and disabled persons whose 
countable income does not exceed one hundred percent of the federal poverty level, and 
to implement the recommendations of the Medicaid Resources Study. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Walker: 

S.B. 340, a bill to provide immunity for employees of county departments of social 
services. 

Referred to Judiciary II Committee. 

By Senators Walker, Blackmon, Hunt, Marshall, Seymour, Martin of Pitt, 
Richardson, Lee, Martin of Guilford, Gulley, Allran, Odom, Ballance, Parnell, Soles, 
Tally, Jordan, Carpenter, and Perdue. 

S.B. 341, a bill regulating the practice of Complementary Medicine. 

Pursuant to G.S. 120-149, the bill is ordered held in the Office of the Principal Clerk. 

By Senators Albertson, Allran, Blackmon, Carpenter, Cochrane, Codington, 
Edwards, Forrester, Hoyle, Jordan, Lee, Odom, Parnell, Perdue, Plexico, Seymour, 
Tally, Warren, Winner of Mecklenburg, and Smith: 

S.B. 342, a bill to repeal the law providing that a defendant may choose imprison- 
ment, rather than probation or an alternative punishment and to amend the Constitution 
to provide that probation, restitution, community service, work programs, and other 
restraints on liberty are punishments that may be imposed on a person convicted of a 
criminal offense. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Constitution and Election Laws Committee. 

By Senators Smith, Parnell, and Hunt: 
S.B. 343, a bill to amend the Motor Fuel Marketing Act. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senator Winner of Buncombe: 

S.B. 344, a bill to remove the exclusion for war-related disabilities from the 
Disabilities Income Plan. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 



February 24, 1993 



1993] SENATE JOURNAL 115 

By Senator Martin of Guilford: 

S.B. 345, a bill to implement a recommendation of the Government Performance 
Audit Committee to use cost-efficient delivery systems for teacher staff development. 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 346, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish a school staff development advisory group to provide 
recommendations regarding staff development needs to the Superintendent of Public 
Instruction. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 347, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the State Board of Education to develop a strategic plan for 
teacher staff development. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 348, a bill to implement a recommendation of the Government Performance 
Audit Committee to strengthen the internal audit function of the Department of Public 
Instruction. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 349, a bill to implement a recommendation of the Government Performance 
Audit Committee to modify the teacher certification system to improve information 
needed for staff management. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 350, a bill to implement a recommendation of the Government Performance 
Audit Committee to process applications for teacher certification only for individuals 
who have jobs or job offers from schools located in North Carolina. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 351, a bill to implement a recommendation of the Government Performance 
Audit Committee — 1. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford: 

S.B. 352, a bill to implement a recommendation of the Government Performance 
Audit Committee. — 2 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford: 

S.B. 353, a bill to implement a recommendation of the Government Performance 
Audit Committee. — 3 

Referred to Rules and Operation of the Senate Committee. 

By Senator Martin of Guilford: 

S.B. 354, a bill to implement a recommendation of the Government Performance 
Audit Committee to ensure that the House and Senate Journals are produced with consis- 
tent indexes. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Rules and Operation of the Senate 
Committee. 



February 24, 1993 



116 SENATE JOURNAL [Session 

By Senator Martin of Guilford: 

S.B. 355, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Legislative Services Commission to fill the position of 
Legislative Services Officer and to clarify the roles and responsibilities of the Legislative 
Services Commission, the Legislative Services Officer, and the Legislative 
Administrative Officer. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Rules and Operation of the Senate 
Committee. 

By Senator Martin of Guilford: 

S.B. 356, a bill to implement a recommendation of the Government Performance 
Audit Committee to decentralize certain program functions located in the Office of the 
Secretary of the Department of Human Resources. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 357, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate thirty-eight FTE positions in the Department of Human 
Resources that involve excess layers of management, excessively narrow spans of 
control, overlapping functions, and unnecessary positions. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 358, a bill to implement a recommendation of the Government Performance 
Audit Committee to develop a comprehensive needs assessment for all people with 
developmental disabilities. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 359, a bill to implement a recommendation of the Government Performance 
Audit Committee to expand the Medicaid Home- and Community-Based Waiver and to 
increase family support programs for people with disabilities. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 360, a bill to implement a recommendation of the Government Performance 
Audit Committee to reorganize certain misplaced organizational units in the Department 
of Human Resources, and to make administrative changes in the Charitable Solicitation 
Law. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 361, a bill to implement a recommendation of the Government Performance 
Audit Committee to develop a statewide managed care program to contract with existing 
provider networks and to evaluate the feasibility of statewide managed care programs for 
certain populations and regions of the State. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 



February 24, 1993 



1993] SENATE JOURNAL 117 

By Senator Martin of Guilford: 

S.B. 362, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish a cap on indirect care efficiency Medicaid payments for 
nursing homes. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 363, a bill to implement a recommendation of the Government Performance 
Audit Committee to implement certain selective contracting programs for Medicaid. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 364, a bill to implement a recommendation of the Government Performance 
Audit Committee to develop a plan to replace the current Medicaid Management 
Information System (MMIS). 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 365, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate the Medicaid return-on-equity payments to nursing 
homes. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 366, a bill to implement a recommendation of the Government Performance 
Audit Committee to consolidate the administration of the State's Workers' 
Compensation Program and to create the State Government Workers' Compensation 
Office. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 



By Senator Martin of Guilford: 

S.B. 367, a bill to implement a recommendation of the Government Performance 
Audit Committee for the adoption of rules by the State Personnel Commission regarding 
State law enforcement officers. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 368, a bill to implement a recommendation of the Government Performance 
Audit Committee to transfer some of the intergovernmental relations functions from the 
Department of Administration to other State agencies. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 369, a bill to implement recommendations of the Government Performance 
Audit Committee regarding the civilianization of certain job classes of State law enforce- 
ment officers. 

Referred to Government Performance Audit Select Committee. 



February 24, 1993 



118 SENATE JOURNAL [Session 

By Senator Martin of Guilford: 

S.B. 370, a bill to implement a recommendation of the Government Performance 
Audit Committee to reorganize the Department of Public Instruction into three major 
functions to provide improved coordination and service delivery. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 371, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate underutilized positions in the Department of Public 
Instruction. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 372, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate excess layers of management to reduce narrow spans of 
control in the management of the Department of Public Instruction. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 373, a bill to implement a recommendation of the Government Performance 
Audit Committee to reward teachers for taking courses in their content area. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 374, a bill to implement a recommendation of the Government Performance 
Audit Committee to reward teachers for taking courses in their content area. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Pensions and Retirement Committee and 
upon a favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 375, a bill to implement a recommendation of the Government Performance 
Audit Committee to reward teachers for taking courses in their content area. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 376, a bill to implement a recommendation of the Government Performance 
Audit Committee to require teachers to take courses in their content area. 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 377, a bill to implement a recommendation of the Government Performance 
Audit Committee to continue to fund the Basic Education Program, as scheduled, for 
teachers and instructional support personnel and to redirect the remainder of the funds. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 378, a bill to implement a recommendation of the Government Performance 
Audit Committee to consolidate the activities of the Department of Public Instruction's 
Technical Assistance Centers. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 



February 24, 1993 



1993] SENATE JOURNAL 119 

By Senator Martin of Guilford: 

S.B. 379, a bill to implement a recommendation of the Government Performance 
Audit Committee to make local school administrative units accountable for performance 
by linking funding to performance. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 380, a bill to implement a recommendation of the Government Performance 
Audit Committee to improve efficiency in school operations by simplifying funding for- 
mulas and empowering local school administrative units to manage for results. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 381, a bill to implement a recommendation of the Government Performance 
Audit Committee to stabilize the public school accreditation and accountability process 
for three years. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 382, a bill to implement a recommendation of the Government Performance 
Audit Committee to make the Performance-based Accountability Program mandatory. 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 383, a bill to implement a recommendation of the Government Performance 
Audit Committee to increase the minimum instructional standards set out in the Basic 
Education Program. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 384, a bill to implement a recommendation of the Government Performance 
Audit Committee to help schools implement the Performance-based Accountability 
Program and end-of-course and end-of-grade testing. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 385, a bill to implement a recommendation of the Government Performance 
Audit Committee to review the lateral entry process for school administrators. 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 386, a bill to implement a recommendation of the Government Performance 
Audit Committee to replace current school tenure laws with laws and regulations that 
provide protection for administrators from arbitrary or capricious action by a supervisor. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 387, a bill to implement a recommendation of the Government Performance 
Audit Committee to develop procedures and policies to define the contract process and 
the process for reassignment and dismissal of school administrators. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 388, a bill to implement a recommendation of the Government Performance 
Audit Committee to amend the Constitution to change the State Board of Education 



February 24, 1993 



120 SENATE JOURNAL [Session 

appointment process and to authorize the State Board of Education to appoint the State 
Superintendent of Public Instruction. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Constitution and Election Laws Committee. 

By Senator Martin of Guilford: 

S.B. 389, a bill to implement a recommendation of the Government Performance 
Audit Committee to modify the governance structure of the State Board of Community 
Colleges to create a better balance between central authority and local flexibility. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S. J.R. 390, a joint resolution to implement a recommendation of the Government 
Performance Audit Committee to propose modifications to the appointment process of 
the Board of Governors of the University of North Carolina to provide balanced partici- 
pation of the General Assembly and the Governor. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 391, a bill to implement a recommendation of the Government Performance 
Audit Committee regarding the continuum of education programs. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 392, a bill to implement a recommendation of the Government Performance 
Audit Committee to focus State aid for students attending private colleges. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 393, a bill to implement a recommendation of the Government Performance 
Audit Committee for a University of North Carolina programmatic review and a plan for 
the continued and expanded availability of higher education for all citizens. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 394, a bill to implement a recommendation of the Government Performance 
Audit Committee regarding tuition and tuition policy of the University of North Carolina. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Perdue: 

S.B. 395, a bill to create the Legislative Compliance Review Commission to provide 
for legislative review of agency compliance with audit recommendations. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Carpenter, Cochrane, Hartsell, Codington, Blackmon, Smith, and 
Speed: 

S.B. 396, a bill to authorize the issuance of three hundred eleven million two hundred 
thousand dollars general obligation bonds of the State, subject to a vote of the qualified 
voters of the State, to provide funds, with any other available funds, for capital improve- 
ments for community colleges. 

Referred to Finance Committee and upon a favorable report, re-referred to the 
Capital Expenditures Committee. 



February 24, 1993 



1993] SENATE JOURNAL 121 

By Senators Forrester, Plexico, Richardson, Walker, Edwards, Codington, and 
Allran : 

S.B. 397, a bill to require that all workers in all "nonregistered" day care that receives 
reimbursement from the State receive regularly updated pediatric CPR training. 

Referred to Judiciary I Committee. 

By Senators Odom and Lee: 

S.B. 398, a bill to require lobbyists of the Executive Branch of State Government to 
register and file expense reports with the Secretary of State, to make other clarifying 
amendments to the lobbying law, and to make an appropriation therefor. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Judiciary I Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Odom, Plexico, Forrester, and Lee: 

S.B. 399, a bill to establish a State Ethics Commission, to establish ethical standards 
for public officers and public employees, to require public disclosure of economic 
interests, to make conforming changes, to make an appropriation therefor, and to make 
permanent the requirement that nonprofit entities receiving State funds adopt a conflicts 
of interest policy. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Judiciary I Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 



REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, with the reports accompanying them, and take their place on the 
Calendar, as follows: 

By Senator Folger for the Local Government and Regional Affairs 
Committee: 

S.B. 117, a bill relating to illegally parked vehicles, with a favorable report, as 
amended. 

S.B. 234, a bill making a qualified exception from the Public Records Act relating to 
geographical information systems, with a favorable report, as amended. 



CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 87, a bill to require consent of the Board of Commissioners of Catawba, Gaston, 
Iredell, Lincoln, and Mecklenburg Counties before land may be condemned or acquired 
by a unit of local government outside the county, as amended, upon third reading. 

Senator Tally offers Amendment No. 2 which is adopted (45-0), and pursuant to 
Rule 55, the Chair directs the Principal Clerk to change the title to read S. B. 87, a bill to 
require consent of the Board of Commissioners of Catawba, Cumberland, Gaston, 
Iredell, Lincoln, and Mecklenburg Counties before land may be condemned or acquired 
by a unit of local government outside the county. 

Senator Hartsell offers Amendment No. 3 further changing the title to read S.B. 87, a 
bill to require consent of the Board of Commissioners of Catawba, Cumberland, Gaston, 
Iredell, Lincoln, and Mecklenburg Counties before land may be condemned or acquired 
by a unit of local government outside the county and to provide that the provisions of G. S . 
153A-15 in any county subject to that section do not apply to property within the city 



February 24, 1993 



122 SENATE JOURNAL [Session 

limits of the city that is acquiring the property. The Chair rules Amendment No. 3 to be 
material and adoption will change the local bill to a public bill. With unanimous consent, 
Senator Hartsell withdraws Amendment No. 3. 

On motion of Senator Kaplan, further consideration of the bill, as amended, is post- 
poned until Tuesday, March 2. 

S.B. 132, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Secretary of Administration to designate a minority 
business coordinator. 

The bill passes its second (47-0) and third readings is ordered sent to the House of 
Representatives. 

S.B. 138, a bill to implement a recommendation of the Government Performance 
Audit Committee to require that the General Assembly update the general fund financial 
model each year. 

Pursuant to Rule 42, on motion of Senator Daniel, the bill is re-referred to the 
Appropriations Committee. 

S.B. 140 (Committee Substitute) , a bill to implement a recommendation of the Gov- 
ernment Performance Audit Committee to revise the requirement that agencies must buy 
all items via State term contracts. 

Pursuant to Rule 42, on motion of Senator Daniel, Committee Substitute bill is 
re-referred to the Appropriations Committee. 

S.B. 143, a bill to implement a recommendation of the Government Performance 
Audit Committee directing the Department of Administration to study the feasibility of 
consolidating State and federal surplus property functions. 

Senator Martin of Guilford offers Committee Amendment No. 1. 

Pursuant to Rule 42, on motion of Senator Daniel, the bill, with Committee 
Amendment No. 1 pending, is re-referred to the Appropriations Committee. 

S.B. 145 (Committee Substitute), a bill to implement recommendations of the Gov- 
ernment Performance Audit Committee to authorize the Secretary of Administration to 
study bid protest procedures and develop innovative government procurement practices, 
to improve the program under which specification standards are developed for commodi- 
ties purchases by the State, and to provide for the development and implementation of a 
management information system on purchase activity by State agencies. 

Pursuant to Rule 42, on motion of Senator Daniel, the Committee Substitute bill is 
re-referred to the Appropriations Committee. 

S.B. 146 (Committee Substitute), a bill to implement a recommendation of the 
Government Performance Audit Committee to begin the adoption and implementation of 
a policy for contracting out to the private sector services traditionally performed by State 
employees. 

Pursuant to Rule 42, on motion of Senator Daniel, the Committee Substitute bill is 
re-referred to the Appropriations Committee. 



APPOINTMENTS TO COMMITTEES 

The President Pro Tempore submits and announces changes in appointments to 
standing committees, as follows: 

Children and Human Resources Committee: Senator Gunter is removed. 

Constitution and Election Laws Committee: 

Senator Allran and Senator Gunter are added. 
Senator Blackmon is removed. 



February 24, 1993 



1993] SENATE JOURNAL 123 

Economic Development Committee: Senator Warren is removed. 

Insurance Committee: Senator Gunter is removed. 

Local Government and Regional Affairs Committee: 
Senator Blackmon is added. 

Senator Allran, Senator Richardson, and Senator Winner of Mecklenburg are 
removed. 

Pensions and Retirement Committee: Senator Warren is added. 

Transportation Committee: Senator Gunter is added. 

RECONSIDERATION 

S.B. 132, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Secretary of Administration to designate a minority 
business coordinator, ordered sent to the House of Representatives earlier today. 

Senator Daniel offers a motion that the vote by which the bill passed its third reading be 
reconsidered, which motion prevails, and the question becomes passage of the measure 
upon third reading. 

Pursuant to Rule 42, on motion of Senator Daniel, the bill is re-referred to the 
Appropriations Committee. 

On motion of Senator Basnight, seconded by Senator Carpenter, the Senate adjourns 
at 2:28 P.M. to meet tomorrow, Thursday, February 25, at 1:30 P.M. 



NINETEENTH DAY 

Senate Chamber, 
Thursday, February 25, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Creator God, we must confess that on a day when a winter storm approaches in a 
State where there are so few, the child in each of us comes out. Our eyes dart between the 
tasks before us and the heavens above. 

"Allow us to work expeditiously today. Give each person here safe journey home to 
enjoy the beauty of Your creation with friends and family. 

"Remind the adult in each of us to be wise stewards of this beautiful earth. There is no 
greater legacy that we can pass on to the children of generations to come. Amen." 

Senator Soles, Deputy President Pro Tempore announces the Journal of Wednesday, 
February 24, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Plexico, due to weather conditions. Senator Hunt is noted present. 

The Chair extends courtesies of the gallery to Joe H. Hege, Jr. , former member of the 
House of Representatives from Davidson County. 



February 25, 1993 



124 SENATE JOURNAL [Session 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Walker for the Children and Human Resources Committee: 

S. B. 157, a bill authorizing nonresident taxpayers to claim the tax credit for child care 
and certain employment-related expenses, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S. B. 12, a bill to establish a grant program to strengthen family resources and appro- 
priate funds for its implementation, with a favorable report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendments No. 1, No. 2, and No. 3 are adopted. The Chair orders 
the measure, as amended, engrossed and re-referred to the Education/ Higher 
Education Committee. 

By Senator Speed for the Transportation Committee: 

S. B. 128, a bill to exempt certain transfers of vehicles from the highway use tax, with 
a favorable report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

Pursuant to Rule 43, the Chair orders the measure, as amended, engrossed and 
re-referred to the Finance Committee. 

S.B. 122, a bill to authorize the Division of Motor Vehicles to issue specialized 
registration plates bearing the emblem of the Optimist Club, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Speed, the rules are suspended, and the Proposed Committee 
Substitute bill 6568 is placed before the Senate for immediate consideration, and on his 
further motion, is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senator Harris, Albertson, Carpenter, Conder, Forrester, Hoyle, Lee, Plexico, 
Richardson, Seymour, Tally, Walker, and Ward: 

S.B. 400, a bill to implement a recommendation of the Mental Health Study 
Commission further continuing the Mental Health Study Commission. 

Referred to Rule and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Parnell, Sands, Ballance, Hunt, Blackmon, and Seymour: 
S.B. 401, a bill to provide for structured sentencing in North Carolina. 
Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Parnell, Sands, Ballance, Hunt, Blackmon, Hoyle, Plexico, and 
Seymour: 

S.B. 402, a bill to provide for structured sentencing in North Carolina consistent with 
the standard operating capacity of the Department of Correction and local confinement 
facilities. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 



February 25, 1993 



1993] SENATE JOURNAL 125 

By Senator Parnell, Sands, Ballance, Hunt, Hoyle, Seymour, and Blackmon: 
S.B. 403, a bill to reclassify some felonies as recommended by the North Carolina 

Sentencing and Policy Advisory Commission. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 

Appropriations Committee. 

By Senators Parnell, Sands, Ballance, Hunt, Hoyle, Seymour, and Blackmon: 
S.B. 404, a bill to classify misdemeanors as recommended by the North Carolina 

Sentencing and Policy Advisory Commission. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 

Appropriations Committee. 

By Senators Parnell, Sands, Ballance, Hunt, Hoyle, Plexico, and Blackmon: 
S.B. 405, a bill to create a State-County Criminal Justice Partnership in North 

Carolina. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 

Appropriations Committee. 

By Senator Carpenter: 

S.B. 406, a bill to appropriate funds to Industrial Opportunities, Inc., for 
construction of a building. 

Referred to Capital Expenditures Committee. 

By Senators Harris and Jordan: 

S.B. 407, a bill to eliminate any ambiguity as to the scope of inspections of the Board 
of Mortuary Affairs. 

Referred to Judiciary II Committee. 

By Senator Martin of Guilford: 

S.B. 408, a bill to implement a recommendation of the Government Performance 
Audit Committee to modify the procedures concerning final administrative decisions in 
contested cases heard by the Office of Administrative Hearings. 

Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 409, a bill to implement a recommendation of the Government Performance 
Audit Committee to restructure the Department of Public Instruction staff development 
unit to coordinate all staff development activities for all divisions of the department. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 410, a bill to implement recommendations of the Government Performance 
Audit Committee to modify powers and duties of the Information Resource Management 
Commission and to establish various agency information resource and telecommunica- 
tions management functions. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 411, a bill to implement recommendations of the Government Performance 
Audit Committee concerning State government telecommunications governance, 
management, and operations. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 412, a bill to implement a recommendation of the Government Performance 
Audit Committee to initiate systematic, in-depth evaluations of program results. 
Referred to Government Performance Audit Select Committee. 



February 25, 1993 



126 SENATE JOURNAL [Session 

By Senator Martin of Guilford: 

S.B. 413, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish an Office for Health Care within the Governor's Office. 
Referred to Government Performance Audit Select Committee. 

By Senator Martin of Guilford: 

S.B. 414, a bill to implement a recommendation of the Government Performance 
Audit Committee to reduce the number of clerical positions in the Department of Public 
Instruction and to adopt a clerical to professional position ratio for the Department. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 415, a bill to implement a recommendation of the Government Performance 
Audit Committee regarding establishment of Challenge Grant Scholarship Funds for the 
North Carolina Community College System. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 416, a bill to implement a recommendation of the Government Performance 
Audit Committee to phase out the Alcohol Law Enforcement Division and to transfer the 
alcohol beverage law enforcement and regulatory functions. 

Referred to Government Performance Audit Select Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Cooper and Soles: 

S.B. 417, a bill to amend the Open Meetings Law. 

Referred to Judiciary II Committee. 

By Senator Cooper and Soles: 

S.B. 418, a bill to amend the Public Records law. 

Referred to Judiciary II Committee. 

By Senators Hunt, Blackmon, Marshall, Seymour, Richardson, Ballance, Lee, 
Martin of Guilford, Soles, Perdue, Tally, Carpenter, Walker, Allran, Jordan, and 
Gulley: 

S.B. 419, a bill regulating the practice of naturopathy. 

Pursuant to G. S. 120-149, the bill is ordered held as filed in the Office of the Principal 
Clerk. 

By Senators Perdue, Shaw, and Conder: 

S.B. 420, a bill to appropriate funds to the Board of Governors of the University of 
North Carolina for the Seafood Laboratory Program at North Carolina State University. 
Referred to Appropriations Committee. 

By Senators Seymour, Hunt, Shaw, Gulley, Ward, Hyde, Winner of Mecklenburg, 
Odom, Winner of Buncombe, Cooper, Allran, Martin of Guilford, Forrester, 
Richardson, Hoyle, Blackmon, and Kaplan: 

S.B. 421, a bill to appropriate funds for a Grassroots Science Program by the Museum 
of Natural Sciences to improve State programs in science education. 

Referred to Appropriations Committee. 

By Senators Seymour, Blackmon, Hunt, Marshall, Martin of Pitt, Speed, 
Richardson, Ballance, Lee, Martin of Guilford, Soles, Tally, Carpenter, Walker, 
Perdue, Jordan, Gulley, and Allran. 

S.B. 422, a bill regulating the practice of acupuncture. 

Pursuant to G.S. 120-149, the bill is ordered held as filed in the Office of the Principal 
Clerk. 



February 25, 1993 



1993] SENATE JOURNAL 127 

By Senators Richardson, Ballance, Edwards, Hunt, and Walker: 
S.B. 423, a bill to appropriate funds to expand the Aid to Families with Dependent 
Children's Emergency Assistance. 

Referred to Appropriations Committee. 

By Senators Lee, Walker, Richardson, Edwards, Forrester, Allran, Gunter, Harris, 
Marshall, Ballance, Cochrane, Smith, Hunt, Conder, Kaplan, and Plyler: 

S. J.R. 424, a joint resolution to implement a recommendation of the Mental Health 
Study Commission endorsing the quality improvement report for Mental Health, 
Developmental Disabilities, and Substance Abuse Services. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Hartsell, Cochrane, and Smith: 

S.B. 425, a bill to authorize alcoholic beverage elections in cities located in two or 
more counties. 

Referred to Judiciary I Committee. 

By Senators Martin of Guilford, Parnell, and Sherron: 

S.B. 426, a bill to appropriate funds for the construction of a new golf course in 
Robeson County and to allow the construction of the North Carolina Indian Cultural 
Center upon completion of that golf course, to extend the date by which the North 
Carolina Indian Cultural Center, Inc. , is required to enter a lease with the State of North 
Carolina, and to allow the receipt of pledges to satisfy the fund-raising condition to be 
included in that lease. 

Referred to Capital Expenditures Committee. 

By Senator Walker: 

S. J.R. 427, a joint resolution to implement a recommendation of the Mental Health 
Study Commission adopting the Comprehensive Plan for Services and Supports for 
Persons with Developmental Disabilities as policy guidance for the development of 
services. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Walker: 

S.B. 428, a bill to appropriate funds to provide Medicaid coverage for children who 
live in families with incomes below the federal poverty level. 
Referred to Appropriations Committee. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Special messages are received from the House of Representatives, transmitting the 
following bills, which are read the first time and disposed of, as follows: 

S.B. 103, a bill to raise the force account limit for the City of Mooresville, for concur- 
rence in House Amendment No. 1, which is placed on the Calendar for Monday, 
March 1. 

H.B. 144, a bill to amend the Charter of the City of Greensboro with respect to 
contract award, leases, and settlement of claims. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 210, a bill to protect the confidentiality of hotline complaints that the auditor 
transmits to the General Assembly for investigation. 

Referred to Rules and Operation of the Senate Committee. 



February 25, 1993 



128 SENATE JOURNAL [Session 

EXECUTIVE ORDER 

An Executive Order received (see Appendix) is presented to the Senate, read, and 
referred to committee, as follows: 

Executive Order Number 3, Transferring the "Keep America Beautiful" Program 
from the Office of the Governor to the Department of Environment, Health, and Natural 
Resources. 

Referred to State Personnel and State Government Committee. 



CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 117, a bill relating to illegally parked vehicles. 

On motion of Senator Folger, Committee Amendments No. 1 and No. 2 are adopted. 
The bill, as amended, passes its second (39-1) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 234, a bill making a qualified exception from the Public Records Act relating to 
geographical information systems. 

On motion of Senator Cooper, consideration of the bill is postponed until Wednesday, 
March 3. 

S.B. 97, a bill to amend the General Statutes to authorize the Governor to appoint a 
spouse of a commercial fisherman to serve on the Marine Fisheries Commission in the 
place of the commercial fisherman. 

The bill passes its second (40-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 100 (Committee Substitute), a bill to vest authority in the Secretary of 
Environment, Health, and Natural Resources to grant shellfish cultivation leases. 

The Committee Substitute bill passes its second (42-0) and third readings and is 
ordered sent to the House of Representatives. 

RECOMMITTALS 

Senator Daniel offers a motion that the rules be suspended and bills referred to the 
Appropriations Committee on February 24 be taken from the Appropriations 
Committee and recommitted to the Government Performance Audit Select 
Committee, which motions prevail. The Chair orders the following bills recommitted 
to the Government Performance Audit Select Committee: 

S.B. 132, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Secretary of Administration to designate a minority 
business coordinator. 

S.B. 138, a bill to implement a recommendation of the Government Performance 
Audit Committee to require that the General Assembly update the general fund financial 
model each year. 

S.B. 140 (Committee Substitute), a bill to implement a recommendation of the 
Government Performance Audit Committee to revise the requirement that agencies must 
buy all items via State term contracts. 

S.B. 143, a bill to implement a recommendation of the Government Performance 
Audit Committee directing the Department of Administration to study the feasibility of 
consolidating State and federal surplus property functions. 



February 25, 1993 



1993] SENATE JOURNAL 129 

S.B. 145 (Committee Substitute), a bill to implement recommendations of the 
Government Performance Audit Committee to authorize the Secretary of Administration 
to study bid protest procedures and develop innovative government procurement 
practices, to improve the program under which specification standards are developed for 
commodities purchases by the State, and to provide for the development and 
implementation of a management information system on purchase activity by State 
agencies. 

S.B. 146 (Committee Substitute), a bill to implement a recommendation of the 
Government Performance Audit Committee to begin the adoption and implementation of 
a policy for contracting out to the private sector services traditionally performed by State 
employees. 

On motion of Senator Basnight, seconded by Senator Warren, the Senate adjourns at 
1:58 P.M. to meet Monday, March 1, at 8:00 P.M. 



TWENTIETH DAY 

Senate Chamber, 
Monday, March 1, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, when we say, 'Lead us not into temptation, ' we are not asking that You 
keep us from being tested. The refiner's fire is good for character. Temptations are 
really tests — thats all. They are not meant to weaken us. They are events from which we 
might emerge stronger. Temptations are not the penalty of being human, they are the 
glory of being human. 

"Be with us in our times of testing this week, O God, that we might emerge stronger 
and better people — to Your Glory. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
February 25, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for tonight to Senator 
Daniel; to Senator Hartsell, who is attending a Cabarrus County Board of Education 
meeting; to Senator Perdue, due to business reasons; and to Senator Gulley, who is suf- 
fering with the flu. The President announces Senator Sands, previously granted a leave 
of absence for tonight, is present. Senator Sands withdraws his request for a leave of 
absence for Tuesday and Wednesday, March 2 and March 3. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Allran, Hartsell, Forrester, Gunter, Codington, Carpenter, and 
Blackmon: 

S.B. 429, a bill recommended by the Juvenile Law Study Commission to prohibit 
parents and others from permitting a minor to possess any firearm on school property. 

Referred to Judiciary I Committee. 



March 1, 1993 



130 SENATE JOURNAL [Session 

By Senators Allran, Hartsell, Forrester, Gunter, Carpenter, Codington, and 
Blackmon: 

S. B. 430, a bill recommended by the Juvenile Law Study Commission to amend the 
law regarding the transfer of jurisdiction over a juvenile to Superior Court for trial as an 
adult. 

Referred to Judiciary I Committee. 

By Senators Allran, Hartsell (by request), Carpenter, Codington, and Blackmon: 
S.B. 431, a bill recommended by the Juvenile Law Study Commission to increase the 

maximum amount that may be recovered in strict liability for damage to person or 

property by minors. 

Referred to Judiciary I Committee. 

By Senators Allran, Hartsell, Forrester, Carpenter, Codington, and Blackmon: 
S. B. 432, a bill recommended by the Juvenile Law Study Commission to facilitate pro 
se representation by parents. 

Referred to Judiciary I Committee. 

By Senators Allran, Hartsell, Forrester, Carpenter, Codington, and Blackmon: 
S. B. 433, a bill recommended by the Juvenile Law Study Commission adding training 

schools to the commitment options when commitment of a juvenile for thirty days or less 

is ordered. 

Referred to Judiciary I Committee. 

By Senators Allran, Hartsell, Forrester, Carpenter, Codington, and Blackmon: 
S. B. 434, a bill recommended by the Juvenile Law Study Commission to require that 
opportunity to be heard be provided a juvenile's guardian ad litem prior to the dismissal 
of the petition alleging abuse or neglect of the juvenile, to ensure the guardian ad litem's 
standing to represent the juvenile, and to make other changes necessary to protect the 
interests of the juvenile. 

Referred to Judiciary I Committee. 

By Senators Allran, Hartsell, Forrester, Gunter, Carpenter, Codington, and 
Blackmon: 

S. B. 435, a bill recommended by the Juvenile Law Study Commission to prohibit the 
commercial dissemination of sadistic videos to minors. 

Referred to Judiciary I Committee. 

By Senators Allran, Hartsell, Forrester, Gunter, Carpenter, Codington, and 
Blackmon: 

S.B. 436, a bill recommended by the Juvenile Law Study Commission to establish a 
pilot program under the Administrative Office of the Courts regarding juvenile court 
jurisdiction over juveniles between sixteen and eighteen years of age who are beyond the 
disciplinary control of their parents. 

Referred to Judiciary I Committee. 

By Senators Allran, Hartsell, Forrester, Carpenter, Codington, and Blackmon: 
S.B. 437, a bill recommended by the Juvenile Law Study Commission to require that 
juvenile records be available for sentencing. 
Referred to Judiciary I Committee. 

By Senators Soles, Jordan, Codington, Carpenter, and Forrester: 

S.B. 438, a bill to appropriate funds for shoreline protection at Fort Fisher. 

Referred to Appropriations Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills, which are read the first time and disposed of, as follows: 



March 1, 1993 



1993] SENATE JOURNAL 131 

S. B. 10 (House Committee Substitute) , a bill to modify the certificate of need law, for 
concurrence in the House Committee Substitute bill. 
Referred to Judiciary I Committee. 

H.B. 75 (Committee Substitute), a bill to make the rules for an intangibles tax filing 
extension the same as for an individual income tax filing extension. 
Referred to Finance Committee. 

The Chair directs the Reading Clerk to read: 



NORTH CAROLINA 
STATE BOARD OF COMMUNITY COLLEGES 

February 16, 1993 

The Honorable Marc Basnight, President Pro Tempore 

North Carolina Senate 

Room 2007, Legislative Building 

Raleigh, NC 27601-2808 

Dear Senator Basnight: 

On June 30, 1993, the term of State Board member Mr. Ed High of Charlotte, who 
was elected by the Senate, will expire. According to GS 115D2.1(c), Mr. High may not 
be elected or appointed to another term as he has served two consecutive six-year terms. 
In keeping with GS 115D 2. 1 (b)(4)b and (4)f, we request that you begin the procedure to 
elect a State Board member from the Senate to fill this open term beginning July 1, 1993. 

Thank you very much for your attention to this very important matter. 

Sincerely, 

S/William F. Simpson 

Chairman 

Referred to Education/Higher Education Committee. 



APPOINTMENT TO COMMITTEE 

The President Pro Tempore announces a standing committee appointment, as follows: 

Banks and Thrift Institution Committee: Senator Cochrane is appointed a 
member. 

REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly 
submit reports (see Addendum) which are ordered placed on file in the Legislative 
Library, as follows: 

Pursuant to Chapter 1044, Section 6.3 of the 1991 Session Laws, the Office of State 
Budget and Management submits its Report on the Distribution of the Reserve for 
Implementation of OSHA Regulations Regarding Bloodborne Pathogens. 

Pursuant G.S. 143B-181.9A, the North Carolina Department of Human Resources 
Advisory Committee on Home and Community Care for Older Adults submits its third 
progress report due March 1, 1993. 



March 1, 1993 



132 SENATE JOURNAL [Session 

CALENDAR 

A bill on the Calendar is taken up and disposed of, as follows: 

S.Bc 103, a bill to raise the force account limit for the City of Mooresville, for 
concurrence in House Amendment No. 1. 

The Senate concurs in House Amendment No. 1 (40-0) and the measure is ordered 
enrolled. 

The President recognizes the following pages serving in the Senate this week: 

Tiffany Lynn Alston, Mebane; Caroline Nowell Brooks, Raleigh; Stephen Bradley 
Cash, Louisburg; Joseph Creech, Mooresville; Josh Denton, New Bern; Kevin Ferree, 
Garner; A. Weston Fox, Hickory; Melinda Kay Garner, Burlington; Adam Griffey, 
Misenheimer; Ralph Elliott Holloway, Kinston; Melissa S. Jackson, Warsaw; Amy 
Claire Jenkins, Rocky Mount; Katherine Suzanne Kernodle, Graham; Emily 
Laughinghouse, Raleigh; LaRhonda McMillan, Clinton; Margaret McNairy, Kinston; 
Leslie Mountcastle, Hickory; WillardC. Piersonlll, Raleigh; Tamika LaShan Walker, 
Currie; and Benjamin H. Whitley, Kinston. 

On motion of Senator Basnight, seconded by Senator Johnson, the Senate adjourns at 
8:23 P.M. to meet tomorrow, Tuesday, March 2, at 1:30 P.M. 



TWENTY-FIRST DAY 

Senate Chamber, 
Tuesday, March 2, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Father, the greatest sermons ever preached are much like the greatest laws ever 
written, even the best ones are hard to remember. Both are immortalized not because of 
their eloquence but because they raise a lump in our throats or impact our world for the 
greater good. 

"When someone says, 'don't preach to me,' that person is paraphrasing the poet, 
Edgar Albert Guest, when he wrote, 

I'd rather see a sermon than hear one any day; 
I'd rather one should walk with me than merely tell the way. 
"That's a good lesson for living, sermonizing, or lawmaking. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, March 1, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Gulley. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the Office of the Secretary of State: 



March 2, 1993 



1993] SENATE JOURNAL 133 

S.B. 103, an act to raise the force account limit for the City of Mooresville. (Ch. 3) 

S.B. 149, an act to make technical corrections to a 1992 Charter amendment of the 
Town of Oriental, and to reschedule a referendum. (Ch. 4) 

INTRODUCTION OF BILLS AND RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senator Martin of Pitt: 

S.B. 439, a bill to authorize Washington County to place nonviolent misdemeanants 
incarcerated in the Washington County jail to work on public works without the direct 
supervision of the sheriff. 

Referred to Judiciary I Committee. 

By Senators Albertson, Warren, Hoyle, Parnell, Perdue, Conder, Jordan, Forrester, 
Hunt, Speed, Martin of Guilford, Smith, Martin of Pitt, Odom, Cochrane, Tally, 
Carpenter, and Codington: 

S.B. 440, a bill to increase the property tax homestead exemption amount and the 
income eligibility threshold and to provide that social security benefits and disability 
benefits are not counted in determining the taxpayer's eligibility for the homestead 
exemption. 

Referred to Finance Committee. 

By Senators Winner of Buncombe, Lee, Walker, Cooper, Kerr, Odom, and Shaw: 
S. J.R. 441, a joint resolution honoring the women's soccer program at the University 
of North Carolina at Chapel Hill. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Cochrane, Smith, Martin of Guilford, Shaw, and Seymour: 

S.B. 442, a bill to approve an annexation agreement between Davidson County, the 

City of High Point, and the City of Thomasville, as to territory in Davidson County. 
Referred to Local Government and Regional Affairs Committee and upon a 

favorable report, re-referred to the Finance Committee. 

By Senator Warren: 

S.B. 443, a bill to reauthorize the Legislative Research Commission to study the issue 
of physical fitness among North Carolina youth. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Warren: 

S.B. 444, a bill to appropriate funds for a pilot program to encourage a community/ 
school linked physical fitness and healthful living pilot program. 
Referred to Appropriations Committee. 

By Senators Warren and Smith: 

S.B. 445, a bill to prohibit the State Board of Education from setting higher class size 
maximums for physical education classes. 

Referred to Education/Higher Education Committee and upon a favorable re- 
port, re-referred to the Appropriations Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bills which are read the first time and disposed of, as follows: 



March 2, 1993 



134 SENATE JOURNAL [Session 

H.B. 129, a bill to establish the Cancer Coordination and Control Program and to 
establish the Advisory Committee on Cancer Coordination and Control to the Secretary 
of the Department of Environment, Health, and Natural Resources. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

H.B. 157, a bill to exempt Columbus County from certain statutory requirements in 
the building of a new social services facility. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Capital Expenditures Committee. 



CALENDAR 

Bills on the Calendar taken up and disposed of, as follows: 

S.B. 87, a bill to require consent of the Board of Commissioners of Catawba, 
Cumberland, Gaston, Iredell, Lincoln, and Mecklenburg Counties before land may be 
condemned or acquired by a unit of local government outside the county, as amended, 
upon third reading. 

Senator Hartsell offers Amendment No. 4, held to be material, which is adopted 
(49-0), constituting the first reading of the measure, which further changes the title to 
read S.B. 87, a bill to require consent of the Board of Commissioners of Catawba, 
Cumberland, Gaston, Iredell, Lincoln, and Mecklenburg Counties before land maybe 
condemned or acquired by a unit of local government outside the county and to provide 
that the provisions of G.S. 153A-15 in any county subject to that section do not apply to 
property within the city limits of the city that is acquiring the property. 

The Chair rules the measure a public bill requiring a call of the roll, and orders it 
placed on the Calendar for tomorrow, March 3, for further consideration upon second 
reading. 



REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Ballance for the Judiciary I Committee. 

S.B. 221, a bill to authorize a judicial official in a noncapital case to conduct a pretrial 
release proceeding, first appearance, or an arraignment by a two-way audio and video 
proceeding, with a favorable report. 

S.B. 10 (House Committee Substitute), a bill to modify the certificate of need law, 
with an unfavorable report as to concurrence. 

On motion of Senator Daniel, the rules are suspended, and the House Committee 
Substitute bill is placed before the Senate for immediate consideration upon concurrence. 

The Senate fails to concur in the House Committee Substitute bill (0-48) and the ques- 
tion becomes the appointment of conferees. Senator Daniel offers a motion that the 
Senate do appoint conferees, which motion prevails. 

The President Pro Tempore appoints Senators Daniel (Chairman), Hoyle, Winner of 
Mecklenburg, and Jordan as conferees on the part of the Senate to resolve the differences 
arising between the two Bodies, and a message is ordered sent to the House of 
Representatives informing that Honorable Body of such action and requesting conferees . 



March 2, 1993 



1993] SENATE JOURNAL 135 

On motion of Senator Basnight, seconded by Senator Ward, the Senate adjourns at 
1:55 P.M. to meet tomorrow, Wednesday, March 3, at 1:30 P.M. 



TWENTY-SECOND DAY 

Senate Chamber, 
Wednesday, March 3, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, in a world dictated by power, position, and networks, the Holy 
Scripture reminds us that those who would be greatest must also be servants! 

"Move us from the head of the table to a nearby footstool, so that we might discover 
the extraordinary possibilities in the ordinary. That is servant leadership. Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of Tuesday, 
March 2, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Gulley; and for tomorrow, Thursday, March 4, to Senator Johnson, who will be 
attending an out-of-state meeting and to Senator Winner of Mecklenburg. 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Hyde for the Constitution and Election Laws Committee: 

S. B. 20, a bill to amend the statutes relating to the electoral college to conform them 
to federal requirements and State law, with a favorable report. 

By Senator Parnell for the Insurance Committee: 

S.B. 163, a bill to require the Commissioner of Insurance and the Rate Bureau to 
develop a proposed plan for workers' compensation carriers loss control services, with a 
favorable report. 

By Senator Folger for the Local Government and Regional Affairs 
Committee: 

S.B. 83, a bill to allow Macon County to rename all roads within unincorporated 
areas of the County, with a favorable report. 

S.B. 215, a bill to exchange tracts of land between the corporate limits of the Towns 
of Cary and Morrisville, with a favorable report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Finance Committee. 



March 3, 1993 



136 SENATE JOURNAL [Session 

By Senator Cooper for the Judiciary II Committee: 

S.B. 8, a bill to prohibit health care providers from referring patients to health care 
goods or services offered by entities in which the referring provider has an ownership 
interest, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed Committee 
Substitute bill RU-005 is placed before the Senate for immediate consideration, and on 
his further motion, is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, March 4, for further consideration. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Odom, Forrester, Albertson, Allran, Blackmon, Carpenter, Cochrane, 
Codington, Hartsell, Hoyle, Hunt, Kincaid, Martin of Pitt, Martin of Guilford, Plexico, 
Simpson, Smith, Walker, and Winner of Buncombe: 

S.B. 446, a bill to reduce the blood alcohol content for driving while impaired and 
related offenses from 0.10 to 0.08 percent; to reduce the minimum blood alcohol content 
necessary for an immediate ten-day revocation of driving privileges from 0.10 to 0.08 
percent; to reduce the blood alcohol level to be considered as slight impairment from 
0.11 to 0.09 percent; to make the results of a first breath test admissible under certain 
circumstances; to establish that the revocation of a provisional licensee's license for 
driving after consuming alcohol shall be until the licensee's eighteenth birthday or forty- 
five days, whichever is longer; and to provide clarification about when an earlier 
conviction for driving while impaired can be used for aggravation purposes. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Folger and Sands: 

S.B. 447, a bill to provide for the transfer of funds from the City of Mount Airy's 
retirement plan to the Local Governmental Employees' Retirement System. 

The Chair rules the measure a public bill. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Warren, Allran, Sands, Lee, and Speed: 

S.B. 448, a bill to encourage schools to implement extended services programs. 

Referred to Education/Higher Education Committee. 

By Senators Warren, Lee, Speed, and Allran: 

S.B. 449, a bill to appropriate funds to complete the activities of the Teacher Training 
Task Force, as recommended by the Teacher Training Task Force and the Joint Legisla- 
tive Oversight Committee. 

Referred to Appropriations Committee. 

By Senators Warren, Lee, Speed, and Allran: 

S.B. 450, a bill to appropriate funds for the Professional Standards Board for School 
Administrators recommended by the Educational Leadership Task Force and the Joint 
Legislative Education Oversight Committee. 

Referred to Appropriations Committee. 

By Senators Warren, Lee, Ward, Speed, and Allran: 

S.B. 451, a bill to implement a recommendation of the Education Leadership Task 
Force and the Joint Legislative Education Oversight Committee to plan for the 



March 3, 1993 



1993] SENATE JOURNAL 137 

establishment of a school leadership academy to enhance the quality of ongoing profes- 
sional development for school administrators. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Warren, Speed, Lee, Ward, and Allran: 

S.B. 452, a bill to implement a recommendation of the Educational Leadership Task 
Force and the Joint Legislative Education Oversight Committee to establish an 
independent standards board for school administration and to allow that board to charge 
examination fees. 

Pursuant to G.S. 120-149, the bill is ordered held in the Office of the Principal Clerk 
for receipt of a new licensing assessment report. 

By Senators Codington, Blackmon, Carpenter, Hartsell, Shaw, and Forrester: 
S.B. 453, a bill to repeal the requirement for health certificates for marriage license 

applicants. 

Referred to Children and Human Resources Committee and upon a favorable 

report, re-referred to the Judiciary I Committee and upon a favorable report, 

re-referred to the Finance Committee. 

By Senators Seymour, Martin of Guilford, Shaw, Walker, Perdue, and Marshall: 
S.B. 454, a bill to appropriate funds for an adoption resources center. 
Referred to Appropriations Committee. 

By Senator Hartsell: 

S.B. 455, a bill to implement a recommendation of the General Statutes Commission 
to require that maps recorded in the office of the register of deeds must have a surveyor's 
original signature and seal in order to be relied upon and that all other maps must contain 
a cautionary legend. 

Referred to Judiciary I Committee. 

By Senator Speed: 

S.B. 456, a bill to appropriate funds to the Department of Environment, Health, and 
Natural Resources for a dental hygienist position to serve Franklin, Granville, and 
Vance Counties. 

Referred to Appropriations Committee. 

By Senators Speed, Albertson, Carpenter, Kerr, Marshall, Parnell, Simpson, and 
Warren: 

S.B. 457 , a bill to establish statewide seasons for taking beaver and to allow the taking 
of depredating beaver without obtaining a permit. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bill, which is read the first time and disposed of, as follows: 

H.B. 131, a bill to extend the coverage of the curative statute for deeds omitting the 
order of registration. 

Referred to Judiciary II Committee. 



CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

March 3, 1993 



138 SENATE JOURNAL [Session 

S.B. 234, a bill making a qualified exception from the Public Records Act relating to 
geographical information systems. 

On motion of Senator Folger, Committee Amendment No.l is adopted. 

Senator Cooper offers Amendment No. 2 which is adopted (43-0). 

Senator Seymour offers Amendment No. 3 which is adopted (47-0). 

Senator Edwards offers Amendment No. 4. 

On motion of Senator Cooper, further consideration of the bill, as amended, with 
Amendment No. 4 pending, is postponed until Tuesday, March 9. 

S.B. 87, a bill to require consent of the Board of Commissioners of Catawba, 
Cumberland, Gaston, Iredell, Lincoln, and Mecklenburg Counties before land may be 
condemned or acquired by a unit of local government outside the county and to provide 
that the provisions of G.S. 153A-15in any county subject to that section do not apply to 
property within the city limits of the city that is acquiring the property, as amended, upon 
second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 46, noes 0, as 
follows : 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Cochrane, Codington, Cooper, Edwards, Folger, Forrester, 
Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, Kaplan, Kincaid, Lee, 
Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, Perdue, Plexico, Plyler, 
Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, 
Walker, Ward, Warren, Winner of Buncombe, and Winner of Mecklenburg— 46. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, March 4, for 
further consideration upon third reading. 

S.B. 221 , a bill to authorize a judicial official in a noncapital case to conduct a pretrial 
release proceeding, first appearance, or an arraignment by a two-way audio and video 
proceeding. 

The bill passes its second (48-0) and third readings and is ordered sent to the House of 
Representatives. 

On motion of Senator Basnight, seconded by Senator Blackmon, the Senate adjourns 
at 2:08 P.M. to meet tomorrow, Thursday, March 4, at 1:30 P.M. 



TWENTY-THIRD DAY 

Senate Chamber, 
Thursday, March 4, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"God of Wisdom and Truth, Will Rogers once said, 'We are all ignorant. . .only on 
different subjects.' 

"The Holy Scripture puts it more positively, 'We have gifts that differ according to the 
grace given to us. ' Give us the courage, O Lord, to use our gifts of knowledge in areas 
where we are able. Give us the good sense to use the gift of silence in matters where we 
have nothing better to contribute. 

"We shall all profit in such an environment. Amen." 



March 4, 1993 



1993] SENATE JOURNAL 139 

Senator Basnight, President Pro Tempore, announces the Journal of Wednesday, 
March 3, has been examined and is found to be correct. On his motion the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Kincaid and to Senator Perdue, whose father is having surgery in Florida; and to Senator 
Winner of Buncombe for Monday, March 8. Leaves of absence granted previously for 
today to Senator Winner of Mecklenburg and Senator Johnson are noted. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Albertson for the Agriculture, Marine Resources, and Wildlife 
Committee. 

S.B. 36, a bill to allow the limited disclosure of veterinary medical records in the 
Department of Agriculture, with a favorable report. 

S.B. 37, a bill to change the membership of the Commission on Agriculture and Sea- 
food Awareness, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Albertson, the rules are suspended, and the proposed 
Committee Substitute bill 9575, which changes the title to read S.B. 37 (Committee 
Substitute) , a bill to change the membership of the Agriculture and Forestry Awareness 
Study Commission, is placed before the Senate for immediate consideration. 

On motion of Senator Albertson, the proposed Committee Substitute bill is adopted, 
and on his further motion placed on the Calendar for Monday, March 8, for further 
consideration. 

By Senator Walker for the Children and Human Resources Committee. 

S.B. 229, a bill to aid parents of low-income children needing day care to become 
self-sufficient without jeopardizing the very child care that is essential to this self- 
sufficiency and to appropriate funds, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 230, a bill to change the day care rate payment structure to encourage the 
provision of quality day care for all North Carolina's children in need of care and to 
appropriate funds, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to Appropriations Committee. 

By Senator Winner of Buncombe for the Finance Committee. 

S.B. 154, a bill to make mobile classrooms and mobile offices subject to sales tax 
rather than highway use tax and to exempt certain mobile classrooms from sales tax, 
with a favorable report. 

On motion of Senator Winner of Buncombe, the bill is placed on the Calendar for 
Tuesday, March 9, for consideration. 

S.B. 183, a bill to provide that a sales tax license is void if the retailer reports no sales 
for eighteen months, with a favorable report. 

On motion of Senator Winner of Buncombe, the bill is placed on the Calendar for 
Tuesday, March 9, for consideration. 

S.B. 158, a bill to provide that the penalty for failure to file an inheritance tax return 
will be assessed and collected in the same manner as the penalty for failure to pay 
inheritance taxes, with a favorable report, as amended. 

On motion of Senator Winner of Buncombe, the bill is placed on the Calendar for 
Tuesday, March 9, for consideration. 



March 4, 1993 



140 SENATE JOURNAL [Session 

By Senator Tally for the Environment and Natural Resources Committee. 

S.B. 55, a bill to clarify the General Statutes to include training for incinerator 
operators of solid waste management facilities, with a favorable report. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senator Harris: 

S.B. 458, a bill to provide for an at-large seat on the Kings Mountain Board of 
Education, instead of all the members being elected from residency districts. 
Referred to Education/Higher Education Committee. 

By Senators Warren, Speed, Lee, Ward, and Tally: 

S.B. 459, a bill to implement the recommendations of the Educational Leadership 
Task Force and the Joint Legislative Education Oversight Committee concerning school 
administrator programs at the constituent University of North Carolina institutions. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Warren, Speed, Lee, Ward, and Tally: 

S.B. 460, a bill to appropriate funds for the implementation of the Principal Fellows 
Program recommended by the Educational Leadership Task Force and the Joint 
Legislative Education Oversight Committee. 

Referred to Appropriations Committee. 

By Senators Warren, Speed, Lee, Ward, and Tally: 

S.B. 461, a bill to appropriate funds for the School Administrator Programs at the 
constituent institutions of the University of North Carolina recommended by the 
Educational Leadership Task Force and the Joint Legislative Education Oversight 
Committee. 

Referred to Appropriations Committee. 

By Senators Warren, Lee, Speed, Ward, and Tally: 

S.B. 462, a bill to implement a recommendation of the Educational Leadership Task 
Force and the Joint Legislative Education Oversight Committee to establish a Principal 
Fellows Program to encourage excellence in the recruitment of candidates for 
educational leadership programs. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Winner of Mecklenburg, Winner of Buncombe, Hyde, and Seymour: 
S.B. 463, a bill to provide that space within a cosmetic art shop rented by an 
independent contractor is not a separate cosmetic art shop. 
Referred to Judiciary II Committee. 

By Senators Winner of Buncombe, Winner of Mecklenburg, and Hyde: 
S.B. 464, a bill to change the manner of selection of the Board of Governors of the 
University of North Carolina. 

Referred to Education/Higher Education Committee. 

By Senator Hoyle: 

S. J.R. 465, a joint resolution honoring the founders of the Town of Bessemer City on 
its One-Hundredth Anniversary. 

Referred to Rules and Operation of the Senate Committee. 



March 4, 1993 



1993] SENATE JOURNAL 141 

By Senators Harris, Jordan, and Smith: 

S.B. 466, a bill to allow the original contracting preneed licensee to retain up to ten 
percent of the funds when transferring trust deposits to a successor funeral 
establishment. 

Referred to Banks and Thrift Institutions Committee. 

Senator Hoyle offers a motion that Rule 40 be suspended to allow the introduction of 
the following Senate simple resolution, which motion prevails by a two-thirds majority 
vote. 

By Senator Hoyle: 

S.R. 468, a Senate simple resolution honoring the founders of the City of Bessemer 
City on its One-Hundredth Anniversary. 

On motion of Senator Hoyle, the Senate simple resolution is placed before the Senate 
for immediate consideration. 

On motion of Senator Hoyle, the Senate simple resolution is adopted (44-0). (The 
text of this resolution appears in the Appendix.) 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives, transmitting the 
following joint resolution, which is read the first time and disposed of, as follows: 

H. J.R. 246, a joint resolution honoring the founders of the Town of Aberdeen on its 
One-Hundredth Anniversary. 

Referred to Rules and Operation of the Senate Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives, transmitting the following 
bill and resolution, which are read the first time and disposed of, as follows: 

H.B. 156, a bill repealing a local act relating to the Winston-Salem Sports 
Commission. 

Referred to Local Government and Regional Affairs Committee. 

H.J.R. 181, a joint resolution honoring the delegates to the North Carolina 
Constitutional Convention of 1868 and the first county commissioners, including those 
of Rutherford County, elected under the Constitution of 1868 upon the 125th 
Anniversary of the 1868 North Carolina Constitution, which established the county 
commissioner form of government in North Carolina. 

Referred to Rules and Operation of the Senate Committee. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 10 House of Representatives 

(House Committee Substitute) March 3, 1993 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Committee Sub. to S.B. No. 10, A BILL TO BE ENTITLED AN ACT TO MODIFY 
THE CERTIFICATE OF NEED LAW, the Speaker has appointed as conferees on the 



March 4, 1993 



142 SENATE JOURNAL [Session 

part of the House, Representatives G. Miller, Gamble, Gottovi, Cummings, J. Preston, 
and Dickson to act with a like committee on the part of the Senate to the end that the 
differences existing between the two bodies may be adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 



REPORT TO GENERAL ASSEMBLY 

An Agency directed to report to the General Assembly submits a report 
(see Addendum) which is ordered placed on file in the Legislative Library, as follows: 

Pursuant to Section 136 of H.B. 1340, ratified as Chapter 900 of the 1991 Session 
Laws, 1992 Session, the North Carolina Department of Human Resources submits its 
Summary of 1992-93 Expansion Funds-Updated February 1993. 



CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 83, a bill to allow Macon County to rename all roads within unincorporated 
areas of the County. 

Senator Carpenter offers Amendment No. 1 which is adopted (44-0). 

Pursuant to Rule 55, the Chair orders the Principal Clerk to change the title to read, 
S.B. 83, a bill to allow Macon and Cherokee Counties to rename all roads within 
unincorporated areas of the County. 

The bill, as amended, passes its second (45-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 87, a bill to require consent of the Board of Commissioners of Catawba, 
Cumberland, Gaston, Iredell, Lincoln, and Mecklenburg Counties before land may be 
condemned or acquired by a unit of local government outside the county and to provide 
that the provisions of G.S. 153A-15in any county subject to that section do not apply to 
property within the city limits of the city that is acquiring the property, as amended, upon 
third reading. 

Senator Gulley offers Amendment No. 5 which is adopted (45-0). Pursuant to 
Rule 55, the Chair orders the Principal Clerk to change the title to read S.B. 87, a bill to 
require consent of the Board of Commissioners of Catawba, Cumberland, Durham, 
Gaston, Iredell, Lincoln, and Mecklenburg Counties before land may be condemned or 
acquired by a unit of local government outside the county and to provide that the 
provisions of G.S. 153A-15 in any county subject to that section do not apply to property 
within the city limits of the city that is acquiring the property. 

The bill, as amended, passes its third reading by roll-call vote, ayes 45, noes 0, as 
follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Cochrane, Codington, Conder, Cooper, Daniel, Edwards, 
Folger, Forrester, Gulley, Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Jordan, 
Kaplan, Kerr, Lee, Marshall, Martin of Guilford, Odom, Parnell, Plexico, Plyler, 
Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, 
Walker, Ward, Warren, and Winner of Buncombe— 45. 

Voting in the negative: None. 

Senator Sands offers a motion that the vote by which the bill, as amended, passed its 
third reading be reconsidered, which motion prevails and the question becomes passage 
of the measure upon third reading. 



March 4, 1993 



1993] SENATE JOURNAL 143 

The Chair rules Amendment No. 5 to be material, and its adoption constitutes the first 
reading of the measure. 

The bill, as amended, is ordered placed on the Calendar for Monday, March 8, for 
further consideration upon second reading. 

S.B. 8 (Committee Substitute), a bill to prohibit health care providers from referring 
patients to health care goods or services offered by entities in which the referring provider 
has an ownership interest. 

The Committee Substitute bill passes its second reading (44-0) . 

Senator Daniel objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for Tuesday, March 9, for further consideration, upon 
third reading. 

S.B. 20, a bill to amend the statutes relating to the electoral college to conform them 
to federal requirements and State law. 

Upon the point of order raised by Senator Sands, pursuant to Rule 42, the Chair orders 
the bill re-referred to the Appropriations Committee. 

S.B. 163, a bill to require the Commissioner of Insurance and the Rate Bureau to 
develop a proposed plan for workers' compensation carriers loss control services. 

The bill passes its second (42-0) and third readings and is ordered sent to the House of 
Representatives. 

RE-REFERRAL 

S.B. 463, a bill to provide that space within a cosmetic art shop rented by an 
independent contractor is not a separate cosmetic art shop, referred to the Judiciary II 
Committee earlier today. 

Senator Cooper offers a motion that the rules be suspended and the bill be taken from 
the Judiciary II Committee and re-referred to the Judiciary I Committee, which 
motion prevails. 

The Chair orders the bill re-referred to the Judiciary I Committee. 

On motion of Senator Basnight, seconded by Senator Richardson, the Senate adjourns 
at 2:17 P.M. to meet Monday, March 8, at 8:00 P.M. 



TWENTY-FOURTH DAY 

Senate Chamber, 
Monday, March 8, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Almighty God, we are grateful during these days for the Senators' and staff's hard 
work in helping to create and maintain justice for the people of our State. 

"In our society real justice is kept alive by the creative collaboration of two great but 
conflicting ideals: freedom and equality. All of us come to this place leaning toward one 
or the other of these ideals. 

"But the genius of our government is that we believe we can be both just and free, that 
freedom and equality are partners in the path toward justice. 

"Remind us that when we have arrived at justice, that justice never precludes mercy, 
but makes mercy possible. Amen." 



March 8, 1993 



144 SENATE JOURNAL [Session 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
March 4, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for tonight to Senator 
Tally, Senator Perdue, Senator Daniel, Senator Kaplan, and Senator Jordan. A leave of 
absence granted previously to Senator Winner of Buncombe for tonight is noted. 

Senator Jordan is noted present for a portion of tonight's Session. 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Ballance: 

S.B. 467, a bill to modify the speeds upon which the Division of Motor Vehicles' 
license suspension authority is based. 
Referred to Judiciary I Committee. 

By Senators Richardson, Hunt, Lee, Edwards, and Daniel: 

S.B. 469, a bill to appropriate funds for the ARC of North Carolina, formerly the 
Association for Retarded Citizens, and for the LIFEguardianship Program. 
Referred to Appropriations Committee. 

By Senator Kerr: 

S.B. 470, a bill to exempt joint municipal power agencies from the State bidding laws 
in the construction of electric generation and transmission projects. 

Referred to Public Utilities Committee and upon a favorable report, re-referred to 
the Capital Expenditures Committee. 

By Senators Seymour, Sands, Martin of Guilford, Shaw, Folger, Lee, and Walker: 
S.B. 471, a bill to appropriate funds for the construction of the Randleman Reservoir . 
Referred to Capital Expenditures Committee. 

By Senators Smith and Cochrane: 

S.B. 472, a bill to appropriate funds for the Spencer Shops Historic Site. 
With unanimous consent, on motion of Senator Smith, the bill is not read a first time 
and is ordered held as filed in the Office of the Principal Clerk. 

By Senator Soles: 

S.B. 473, a bill to incorporate the City of Northwest. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

H.B. 33, a bill to allow the limited disclosure of veterinary medical records in the 
Department of Agriculture. 

On motion of Senator Speed, the bill is placed on the Calendar for tonight for consider- 
ation as the first order of business. 



March 8, 1993 



1993] SENATE JOURNAL 145 

H.B. 40, a bill to direct the Department of Public Instruction to study various issues 
affecting the education of and delivery of services to exceptional children. 
Referred to Education/Higher Education Committee. 

H.B. 81, a bill to update the reference to the Internal Revenue Code used to 
determine certain taxable income and tax exemptions. 
Referred to Finance Committee. 

H.B. 222, a bill to prohibit the State Board of Education from setting higher class size 
maximums for physical education classes. 

Referred to Education/Higher Education Committee. 

H.B. 319, a bill to extend the bear hunting season in Pasquotank and Camden 
Counties. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

H.B. 33, a bill to allow the limited disclosure of veterinary medical records in the 
Department of Agriculture, placed earlier on the Calendar for tonight as the first order of 
business. 

The bill passes its second reading (43-0). 

Senator Plyler objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, March 9, for further consideration, upon 
third reading. 

S.B. 87, a bill to require consent of the Board of Commissioners of Catawba, 
Cumberland, Durham, Gaston, Iredell, Lincoln, and Mecklenburg Counties before land 
may be condemned or acquired by a unit of local government outside the county and to 
provide that the provisions of G.S. 153A-15 in any county subject to that section do not 
apply to property within the city limits of the city that is acquiring the property, as 
amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 43, noes 0, as 
follows : 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Cochrane, Codington, Cooper, Edwards, Folger, Forrester, 
Gulley, Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, Kerr, Kincaid, 
Lee, Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, Plexico, Plyler, 
Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Walker, 
Warren, and Winner of Mecklenburg — 43. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, March 9, for 
further consideration upon third reading. 

S.B. 36, a bill to allow the limited disclosure of veterinary medical records in the 
Department of Agriculture. 

On motion of Senator Speed, consideration of the bill is postponed until Monday, 
March 15. 

S.B. 37 (Committee Substitute), a bill to change the membership of the Agriculture 
and Forestry Awareness Study Commission. 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 55, a bill to clarify the General Statutes to include training for incinerator 
operators of solid waste management facilities. 

The bill passes its second (44-1) and third readings and is ordered sent to the House of 
Representatives. 



March 8, 1993 



146 SENATE JOURNAL [Session 

The President recognizes the following pages serving in the Senate this week: Summer 
Faith Byrum, Lincolnton; Rebecca Elizabeth Cary, Greensboro; Nannette Cherry, 
Hertford; Jennifer Rena Edmonds, Kittrell; Amy Lee Goodwin, Dallas; Allyson 
Michelle Graham, Fayette ville; Rebekkah Horton, Kinston; Stephanie Michelle 
Howard, Fletcher; Rasheda Leigh Kelly, Raleigh; Shannon Koontz, Morganton; 
Heather Leonard, Thomasville; Joy Helen Louise Little, Salisbury; Jennifer Nance, 
Kinston; Ketoyia Newkirk, Kenansville; Jennifer Paris, Rutherfordton; Abby Perkins, 
Morganton; Jennifer Piron, Kill Devil Hills; Jennifer Saint Sing, Charlotte; Kelly 
Dianne Truluck, Brevard; Elizabeth Grace Ward, Elk Park; Tricia Lyn Williamson, 
Cary; and Krystal Wilson, Reidsville. 

On motion of Senator Basnight, seconded by Senator Ballance, the Senate adjourns at 
8:28 P.M. to meet tomorrow, Tuesday, March 9, at 1:30 P.M. 



TWENTY-FIFTH DAY 

Senate Chamber, 
Tuesday, March 9, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Dear God, the hardest part of any journey is neither the start nor the finish but the 
middle miles. Your servants here have come some distance now from the enthusiastic 
beginning of this Session and are some time away from the satisfaction of achieving goals 
at the last gavel. This is the part of the Session that begins to test their mettle. 

"Isaiah said, 'Those who wait for the Lord shall renew their strength, they shall mount 
up with wings like eagles, they shall run and not be weary, they shall walk and not faint. ' 

"We claim that promise, today, O Lord, for the middle miles of this journey. Amen. " 

Senator Basnight, President Pro Tempore, announces the Journal of Monday, 
March 8, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

REPORTS OF COMMITTEE 

Bills are reported from a standing committee, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Albertson for the Agriculture, Marine Resources, and Wildlife 
Committee. 

S.B. 99, a bill to transfer authority from the Wildlife Resources Commission to the 
Department of Agriculture to regulate the production and sale of commercially raised 
freshwater fish and freshwater crustacean species, with a favorable report, as amended. 

S.B. 222, a bill to prohibit hunting from, on, or across the right-of-way of a public 
road or highway in Macon County during deer season, with a favorable report, as 
amended. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 



March 9, 1993 



1993] SENATE JOURNAL 147 

H.B. 46 (Committee Substitute), a bill to provide for postponement of certain 
assessments in Winston-Salem and Forsyth County. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 225, a bill to allow additional retroactive membership in the North Carolina 
Firemen's and Rescue Squad Workers' Pension Fund. 

Referred to Pensions and Retirement Committee and, upon a favorable report, 
re-referred to the Appropriations Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 87, a bill to require consent of the Board of Commissioners of Catawba, 
Cumberland, Durham, Gaston, Iredell, Lincoln, and Mecklenburg Counties before land 
may be condemned or acquired by a unit of local government outside the county and to 
provide that the provisions of G.S. 153A-15 in any county subject to that section do not 
apply to property within the city limits of the city that is acquiring the property, as 
amended, upon third reading. 

With unanimous consent, the bill is taken up out of its regular order of business. 

Senator Plexico offers Amendment No. 6, held to be material, which is adopted 
(42-1), constituting the first reading of the measure. 

Pursuant to Rule 55, the Chair orders the Principal Clerk to change the title to read 
S.B. 87, a bill to require consent of the Board of Commissioners of Catawba, 
Cumberland, Durham, Gaston, Graham, Iredell, Lincoln, and Mecklenburg Counties 
before land may be condemned or acquired by a unit of local government outside the 
county and to provide that the provisions of G.S. 153A-15 in any county subject to that 
section do not apply to property within the city limits of the city that is acquiring the 
property. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, March 10, for 
further consideration upon second reading. 

S.B. 234, a bill making a qualified exception from the Public Records Act relating to 
geographical information systems, as amended, with Amendment No. 4 pending. 

With unanimous consent, on motion of Senator Cooper, further consideration of the 
bill, as amended, with Amendment No. 4 pending, is postponed until Thursday, 
March 18. 

S.B. 8 (Committee Substitute), a bill to prohibit health care providers from referring 
patients to health care goods or services offered by entities in which the referring provider 
has an ownership interest, upon third reading. 

With unanimous consent, on motion of Senator Daniel, the Committee Substitute bill 
is taken up out of its regular order of business. 

With unanimous consent, on motion of Senator Daniel, consideration of the 
Committee Substitute bill is postponed until tomorrow, March 10. 

S.B. 154, a bill to make mobile classrooms and mobile offices subject to sales tax 
rather than highway use tax and to exempt certain mobile classrooms from sales tax, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Cochrane, Codington, Conder, Cooper, Daniel, Edwards, 
Folger, Forrester, Gulley, Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, 
Jordan, Kaplan, Kerr, Kincaid, Lee, Marshall, Martin of Guilford, Odom, Parnell, 
Perdue, Plexico, Plyler, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Walker, Ward, Warren, Winner of Buncombe, and Winner of 
Mecklenburg— 47 . 

Voting in the negative: None. 



March 9, 1993 



148 SENATE JOURNAL [Session 

The bill is ordered placed on the Calendar for tomorrow, March 10, for further 
consideration, upon third reading. 

S. B. 158, a bill to provide that the penalty for failure to file an inheritance tax return 
will be assessed and collected in the same manner as the penalty for failure to pay 
inheritance taxes, upon second reading. 

On motion of Senator Daniel, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 48, noes 0, as 
follows : 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Cochrane, Codington, Conder, Cooper, Daniel, Edwards, 
Folger, Forrester, Gulley, Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, 
Jordan, Kaplan, Kerr, Kincaid, Lee, Marshall, Martin of Pitt, Martin of Guilford, 
Odom, Parnell, Perdue, Plexico, Plyler, Richardson, Sands, Seymour, Shaw, Simpson, 
Smith, Soles, Speed, Walker, Ward, Warren, Winner of Buncombe, and Winner of 
Mecklenburg— 48 . 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, March 10, for 
further consideration, upon third reading. 

S. B. 183, a bill to provide that a sales tax license is void if the retailer reports no sales 
for eighteen months. 

The bill passes its second reading (49-0). 

Senator Kaplan objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, March 10, for further consideration, 
upon third reading. 

H.B. 33, a bill to allow the limited disclosure of veterinary medical records in the 
Department of Agriculture. 

The bill passes its third reading and is ordered enrolled. 

On motion of Senator Basnight, seconded by Senator Daniel, the Senate adjourns at 
1:59 P.M. to meet tomorrow, Wednesday, March 10, at 1:30 P.M. 



TWENTY-SIXTH 

Senate Chamber, 
Wednesday, March 10, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, with excerpts from a 
sermon by Dr. Wayne Stacy as follows: 

"Eternal God, the key Beatitude is the first, 'Blessed are the poor in spirit, ' the others 
are elaborations of it. 

"The poor in spirit are they who, stripped of self-sufficiency, self-security, and self- 
righteousness, have discovered the deepest truth about themselves: that they are bank- 
rupt without you, O God. 

"May we discover our own poverty of spirit today, so that we might also encounter your 
rich and full presence in all that we do and say. Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of Tuesday, 
March 9, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 



March 10, 1993 



1993] SENATE JOURNAL 149 

With unanimous consent, the President grants a leave of absence for today to Senator 
Gulley. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the Office of the Secretary of State: 

H.B. 33, an act to allow the limited disclosure of veterinary medical records in the 
Department of Agriculture. (Ch. 5) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Walker for the Children and Human Resources Committee: 

H.B. 129, a bill to establish the Cancer Coordination and Control Program and to 
establish the Advisory Committee on Cancer Coordination and Control to the Secretary 
of the Department of Environment, Health, and Natural Resources, with a favorable 
report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

By Senator Johnson for the State Personnel and State Government 
Committee: 

S.B. 62, a bill to transfer the rail safety section from the Utilities Commission to the 
Department of Transportation, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

By Senator Folger for the Local Government and Regional Affairs 
Committee: 

S.B. 335, a bill to exempt Richmond County from seeking five prospective buyers 
before it transfers Richmond Memorial Hospital to Richmond Memorial Hospital, a 
nonprofit corporation, with a favorable report. 

S.B. 442, a bill to approve an annexation agreement between Davidson County, the 
City of High Point, and the City of Thomasville, as to territory in Davidson County, with 
a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

H.B. 144, a bill to amend the Charter of the City of Greensboro with respect to 
contract award, leases, and settlement of claims, with a favorable report. 

H.B. 157, a bill to exempt Columbus County from certain statutory requirements in 
the building of a new social services facility, with a favorable report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

With unanimous consent, the bill, as amended, is re-referred to the Capital 
Expenditures Committee. 

By Senator Hunt for the Finance Committee: 

S.B. 70, a bill to permit the inspection of ostriches and other ratites under the Meat 
Inspection Act, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Hunt, the rules are suspended, and the proposed Committee 
Substitute bill 7593, which changes the title to read S.B. 70 (Committee Substitute), a 



March 10, 1993 



150 SENATE JOURNAL [Session 

bill to require the inspection of ostriches and other ratites under the Meat Inspection Act, 
is placed before the Senate for immediate consideration. 

On motion of Senator Hunt, the proposed Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, March 11, for further consideration. 

By Senator Ballance for the Judiciary I Committee: 

S.B. 227, a bill to ban corporal punishment from certain "nonregistered" day care 
that receives reimbursement from the State, with a favorable report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the bill, as amended, engrossed and re-referred to the Finance 
Committee. 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Jordan: 

S.B. 474, a bill to raise the funeral expense allowance in probate proceedings. 
With unanimous consent, on motion of Senator Jordan, the bill is not read and is 
ordered held as filed in the Office of the Principal Clerk. 

By Senator Winner of Buncombe: 

S.B. 475, a bill to make it a crime to sell handicapped parking placards. 

Referred to Judiciary I Committee. 

By Senators Cooper and Ballance: 

S.B. 476, a bill to provide protection to producers of poultry and poultry products in 
North Carolina. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and 
upon a favorable report, re-referred to the Judiciary II Committee. 

By Senator Daniel: 

S.B. 477, a bill to make changes in the laws pertaining to health care powers of 
attorney. 

Referred to Judiciary I Committee. 



RE-REFERRAL 

S.B. 227, a bill to ban corporal punishment from certain "nonregistered" day care 
that receives reimbursement from the State, referred to the Finance Committee 
earlier today. 

Senator Winner of Buncombe offers a motion that the rules be suspended and the bill 
be taken from the Finance Committee and re-referred to the Children and 
Human Resources Committee, which motion prevails. 

The Chair orders the bill re-referred to the Children and Human Resources 
Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 



March 10, 1993 



1993] SENATE JOURNAL 151 

H.B. 58, a bill to remove the State Auditor from the Board of Trustees of the North 
Carolina Firemen's and Rescue Squad Workers' Pension Fund. 
Referred to Pensions and Retirement Committee. 

H.B. 87 (Committee Substitute) , a bill to provide for limited leave with pay for State 
employees who are certified disaster volunteers. 

Referred to State Personnel and State Government Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

H.B. 160, a bill to allow certain counties to rename all roads within unincorporated 
areas of the county. 

Referred to Local Government and Regional Affairs Committee. 



CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 222, a bill to prohibit hunting from, on, or across the right-of-way of a public 
road or highway in Macon County during deer season. 

On motion of Senator Albertson, Committee Amendment No. 1 is adopted (45-0). 

The bill, as amended, passes its second reading (48-0). 

Senator Plexico objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, March 11, for further consideration, 
upon third reading. 

S.B. 154, a bill to make mobile classrooms and mobile offices subject to sales tax 
rather than highway use tax and to exempt certain mobile classrooms from sales tax, 
upon third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Blackmon, 
Carpenter, Cochrane, Codington, Conder, Cooper, Daniel, Edwards, Folger, 
Forrester, Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, Kaplan, 
Kerr, Kincaid, Lee, Marshall, Martin of Guilford, Odom, Parnell, Perdue, Plexico, 
Plyler, Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Tally, Walker, Ward, Warren, Winner of Buncombe, and Winner of 
Mecklenburg — 47 . 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 158, a bill to provide that the penalty for failure to file an inheritance tax return 
will be assessed and collected in the same manner as the penalty for failure to pay inheri- 
tance taxes, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 48, noes 0, as 
follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Cochrane, Codington, Conder, Cooper, Daniel, Edwards, 
Folger, Forrester, Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, 
Kaplan, Kincaid, Lee, Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, 
Perdue, Plexico, Plyler, Richardson, Sands, Seymour, Shaw, Sherron, Simpson, 
Smith, Soles, Speed, Tally, Walker, Ward, Warren, Winner of Buncombe, and 
Winner of Mecklenburg — 48. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S.B. 87, a bill to require consent of the Board of Commissioners of Catawba, 
Cumberland, Durham, Gaston, Graham, Iredell, Lincoln, and Mecklenburg Counties 
before land may be condemned or acquired by a unit of local government outside the 



March 10, 1993 



152 SENATE JOURNAL [Session 

county and to provide that the provisions of G.S. 153A-15 in any county subject to that 
section do not apply to property within the city limits of the city that is acquiring the 
property, as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 49, noes 0, as 
follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Cochrane, Codington, Conder, Cooper, Daniel, Edwards, 
Folger, Forrester, Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, 
Kaplan, Kerr, Kincaid, Lee, Marshall, Martin of Pitt, Martin of Guilford, Odom, 
Parnell, Perdue, Plexico, Plyler, Richardson, Sands, Seymour, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Tally, Walker, Ward, Warren, Winner of Buncombe, 
and Winner of Mecklenburg — 49. 

Voting in the negative: None. 

The bill, as amended, is ordered placed on the Calendar for tomorrow, March 11, for 
further consideration, upon third reading. 

REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Perdue for the Education/Higher Education Committee: 

S.B. 91, a bill to provide that, under the temporary budget flexibility extended to 
certain institutions in the University of North Carolina System, a designated portion of 
any retained reversions may be used for energy conservation improvements, with a 
favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 93, a bill to require the local boards of education to use the energy guidelines for 
school design and construction and to require energy-use goals and standards in order to 
assure the construction of energy efficient new schools and school renovations, with a 
favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Appropriations Committee. 

CALENDAR (Continued) 

S.B. 99, a bill to transfer authority from the Wildlife Resources Commission to the 
Department of Agriculture to regulate the production and sale of commercially raised 
freshwater fish and freshwater crustacean species. 

With unanimous consent, on motion of Senator Perdue, consideration of the bill is 
postponed until tomorrow, March 11. 

S.B. 8 (Committee Substitute), a bill to prohibit health care providers from referring 
patients to health care goods or services offered by entities in which the referring provider 
has an ownership interest, upon third reading. 

Senator Daniel offers Amendment No. 1. 

Without objection, on motion of Senator Daniel, the Committee Substitute bill is 
temporarily displaced, with Amendment No. 1 pending. 

S.B. 183, a bill to provide that a sales tax license is void if the retailer reports no sales 
for eighteen months, upon third reading. 

The bill passes its third reading (48-0) and is ordered sent to the House of 
Representatives. 



March 10, 1993 



1993] SENATE JOURNAL 153 

S.B. 8 (Committee Substitute), a bill to prohibit health care providers from referring 
patients to health care goods or services offered by entities in which the referring provider 
has an ownership interest, with Amendment No. 1 pending, temporarily displaced 
earlier, upon third reading. 

On motion of Senator Daniel, further consideration of the Committee Substitute bill, 
with Amendment No. 1 pending, is postponed until tomorrow, March 11. 

On motion of Senator Basnight, seconded by Senator Cooper, the Senate adjourns at 
2:10 P.M. to meet tomorrow, Thursday, March 11, at 1:30 P.M. 



TWENTY-SEVENTH DAY 

Senate Chamber, 
Thursday, March 11, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Honorable Marvin M. Ward, Senator from Forsyth County. 

Senator Basnight, President Pro Tempore, announces the Journal of Wednesday, 
March 10, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President extends courtesies of the gallery to Robert A. Wicker, President of the 
North Carolina State Bar, and brother of the Lieutenant Governor. 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Harris for the Pensions and Retirement Committee: 

S.B. 344, a bill to remove the exclusion for war-related disabilities from the Disabili- 
ties Income Plan, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 447, a bill to provide for the transfer of funds from the City of Mount Airy's 
retirement plan to the Local Governmental Employees' Retirement System, with a 
favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

By Senator Parnell for the Insurance Committee: 

S.B. 181, a bill to provide that health insurance policies shall provide for direct pay- 
ment to governmental agencies providing health services, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended, and the proposed Committee 
Substitute bill 4556, which changes the title to read S.B. 181 (Committee Substitute) , a 
bill to require entities providing health benefit plans to make direct payment to govern- 
mental agencies providing health care services, is placed before the Senate for immediate 
consideration. 



March 11, 1993 



154 SENATE JOURNAL [Session 

On motion of Senator Parnell, the proposed Committee Substitute bill is adopted. 
With unanimous consent, the Committee Substitute bill is placed on the calendar for 
Tuesday, March 16, for further consideration. 

By Senator Ballance for the Judiciary I Committee: 

S. B. 463, a bill to provide that space within a cosmetic art shop rented by an indepen- 
dent contractor is not a separate cosmetic art shop, with a favorable report, as amended. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Perdue, Jordan, Albertson, Martin of Pitt , Hoyle, Seymour, Lee, Shaw, 
Marshall, Gunter, Richardson, Martin of Guilford, and Carpenter: 

S.B. 478, a bill to require licensure of marriage and family therapists. 

Pursuant to G.S. 120-149, the bill is ordered held in the Office of the Principal Clerk 
for receipt of an assessment report from the Legislative Committee on New Licensing 
Boards. 

By Senators Perdue, Albertson, Jordan, Parnell, Martin of Pitt, Hoyle, Richardson, 
Gunter, Forrester, Hartsell, Ballance, Smith, Edwards, Speed, Plyler, Marshall, 
Codington, Winner of Mecklenburg, Plexico, Warren, and Tally: 

S.B. 479, a bill to establish the Senior Tar Heel Legislature. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Tally and Edwards: 

S.B. 480, a bill to appropriate funds for a new Assistant County Ranger in 
Cumberland County. 

Referred to Appropriations Committee. 

By Senator Conder: 

S.B. 481, a bill to allow investments in obligations issued, assumed, or guaranteed by 
the International Finance Corporation Investments. 

Referred to Banks and Thrift Institutions Committee. 

Pursuant to G.S. 120-149.3, assessment reports are received from the Legislative 
Committee on New Licensing Boards, and with unanimous consent on motion of Senator 
Sands, bills ordered held as filed in the Office of the Principal Clerk are called from the 
Office of the Principal Clerk, read the first time, and disposed of as follows: 

S.B. 422, a bill regulating the practice of acupuncture, ordered held in the Office of 
the Principal Clerk on February 25. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

S.B. 341, a bill regulating the practice of Complementary Medicine, ordered held in 
the Office of the Principal Clerk on February 24. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

S.B. 255, a bill to provide for the regulation of the practice of counseling and the 
licensure of counselors, ordered held in the Office of the Principal Clerk on February 19. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 



March 11, 1993 



1993] SENATE JOURNAL 155 

S.B. 419, a bill regulating the practice of naturopathy, ordered held in the Office of 
the Principal Clerk on February 25. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

H.B. 41 (Committee Substitute) , a bill to direct the Joint Legislative Education Over- 
sight Committee to forward a copy of the final report of the Teacher Training Task Force 
to the Commission on Children with Special Needs. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 166, a bill to provide that the Yadkin County Board of Education shall be elected 
to staggered four-year terms. 

Referred to Education/Higher Education Committee. 

H.B. 167, a bill to provide that members of the Yadkin County Board of Education 
shall take office on the first Monday in August after their election. 
Referred to Education/Higher Education Committee. 

H.B. 180, a bill to provide that the members of the Wilkes County Board of Education 
shall take office at their first meeting in June of the year of their election. 
Referred to Education/Higher Education Committee. 

H.B. 182, a bill to modify the vote required for private sale of property by the City of 
Greensboro for public purposes. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 320 (Committee Substitute), a bill to repeal the prohibitions on hunting male 
deer on the Outer Banks of Currituck County and on bear hunting in Currituck County, 
and to authorize seasons for taking deer with shotguns on a portion of the Outer Banks of 
Currituck County and for hunting black bears in Currituck County. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 



REPORT TO GENERAL ASSEMBLY 

An Agency directed to report to the General Assembly submits a report 
(see Addendum) which is ordered placed on file in the Legislative Library, as follows: 

Pursuant to House Bill 1340, Section 135, the Department of Human Resources 
submits a Plan to Address the Escalating Use and Costs of Community Intermediate Care 
Facilities for the Mentally Retarded/Developmentally Disabled. 



CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 335, a bill to exempt Richmond County from seeking five prospective buyers 
before it transfers Richmond Memorial Hospital to Richmond Memorial Hospital, a 
nonprofit corporation. 

The bill passes its second (41-0) and third readings and is ordered sent to the House of 
Representatives. 



March 11, 1993 



156 SENATE JOURNAL [Session 

H.B. 144, a bill to amend the Charter of the City of Greensboro with respect to 
contract award, leases, and settlement of claims. 

The bill passes its second (43-0) and third readings and is ordered enrolled. 

S.B. 222, a bill to prohibit hunting from, on, or across the right-of-way of a public 
road or highway in Macon County during deer season, as amended, upon third reading. 

Senator Carpenter offers a motion that the vote by which the bill, as amended, passed 
its second reading be reconsidered, which motion prevails (44-0), and the question 
becomes passage of the measure upon second reading. 

Senator Carpenter offers a motion that the vote by which Amendment No. 1 was 
adopted be reconsidered, which motion prevails (41-0), and the question becomes the 
adoption of Amendment No. 1. 

With unanimous consent, Senator Carpenter withdraws Amendment No. 1. 

Senator Carpenter offers Amendment No. 2. 

On motion of Senator Sands, the bill, with Amendment No. 2 pending, is re-referred 
to the Judiciary I Committee. 

S.B. 87, a bill to require consent of the Board of Commissioners of Catawba, 
Cumberland, Durham, Gaston, Graham, Iredell, Lincoln, and Mecklenburg Counties 
before land may be condemned or acquired by a unit of local government outside the 
county and to provide that the provisions of G.S. 153A-15 in any county subject to that 
section do not apply to property within the city limits of the city that is acquiring the 
property, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 46, noes 0, as 
follows: 

Voting in the affirmative: Senators Albertson, Allran, Blackmon, Carpenter, 
Cochrane, Codington, Conder, Cooper, Daniel, Edwards, Folger, Forrester, Gulley, 
Gunter, Harris, Hartsell, Hoyle, Hunt, Johnson, Jordan, Kaplan, Kerr, Kincaid, Lee, 
Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, Perdue, Plexico, Plyler, 
Sands, Seymour, Shaw, Smith, Soles, Speed, Tally, Walker, Ward, Warren, 
Winner of Buncombe, and Winner of Mecklenburg — 44. 

With unanimous consent, Senators Ballance and Hyde are recorded voting aye — 46. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S.B. 70 (Committee Substitute) , a bill to require the inspection of ostriches and other 
ratites under the Meat Inspection Act. 

The Committee Substitute bill passes its second reading (41-0). 

The Committee Substitute bill is ordered placed on the Calendar for Monday, 
March 15, for further consideration upon third reading. 

S.B. 99, a bill to transfer authority from the Wildlife Resources Commission to the 
Department of Agriculture to regulate the production and sale of commercially raised 
freshwater fish and freshwater crustacean species. 

On motion of Senator Albertson, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (46-0). 

The bill, as amended, is ordered placed on the Calendar for Monday, March 15, for 
further consideration upon third reading. 

S.B. 8 (Committee Substitute), a bill to prohibit health care providers from referring 
patients to health care goods or services offered by entities in which the referring provider 
has an ownership interest, with Amendment No. 1 pending, upon third reading. 

Amendment No. 1, offered by Senator Daniel, is adopted (45-0). 

The Committee Substitute bill, as amended, passes its third reading (42-0) and is 
ordered engrossed and sent to the House of Representatives. 

The President recognizes Sheila Fields from Matthews, who is serving as a page in the 
Senate for a portion of this week. 



March 11, 1993 



1993] SENATE JOURNAL 157 

On motion of Senator Soles, seconded by Senator Cochrane, the Senate adjourns at 
2:23 P.M. to meet Monday, March 15, at 8:00 P.M. 



TWENTY-EIGHTH DAY 

Senate Chamber, 
Monday, March 15, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Dear God, the long weekend that brought rest and refreshment to most of us also 
brought extreme hardship to many others in our State. 

"Our prayers tonight are specifically directed to You in behalf of those regions which 
have been devastated by the weekend's crippling storm and to the people who have suf- 
fered because of it. 

"From this warm and safe place, where it might be easier merely to cast our burdens to 
You, teach us anew the dual responsibility to bear one another's burdens. This will give 
us a fresh spirit and right attitude with which to begin the work that is before us. Amen. " 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
March 11, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for tonight to Senator 
Winner of Buncombe, who is snowed in; to Senator Plexico and Senator Carpenter, due 
to the "Blizzard of '93"; and to Senator Hartsell, who is attending a county commission- 
ers' meeting. 

The Chair extends courtesies of the floor to William W. Staton, former Senator from 
Lee County. 



INTRODUCTION OF BILL AND RESOLUTION 

A bill and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Conder, Plyler, Daniel, Martin of Pitt, Hoyle, Winner of Buncombe, 
Sands, Odom, Plexico, Tally, Ward, Hyde, Winner of Mecklenburg, and Blackmon: 

S. J. R. 482, a joint resolution recognizing North Carolina as the NASCAR Stock Car 
Racing Capital of the World. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Hartsell and Soles: 

S.B. 483, a bill to enact Article 4 A of the Uniform Commercial Code as recom- 
mended by the General Statutes Commission. 
Referred to Judiciary II Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 



March 15, 1993 



158 SENATE JOURNAL [Session 

H. B. 23, a bill authorizing the Secretary of Administration to adopt rules distinguish- 
ing consultant services and personal services. 

Referred to State Personnel and State Government Committee. 

H. B. 143 (Committee Substitute) , a bill making a qualified exception for the Cities of 
Greensboro and High Point and Pitt County from the Public Records Act for certain 
geographical information systems. 

Referred to Local Government and Regional Affairs Committee. 



EXECUTIVE ORDER 

An Executive Order received (see Appendix) is presented to the Senate, read, and 
referred to committee, as follows: 

Executive Order Number 4, Commission on Workforce Preparedness and Its 
Inter- Agency Coordinating Council. 

Referred to State Personnel and State Government Committee. 



REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly 
submit reports (see Addendum) which are ordered placed on file in the Legislative 
Library, as follows: 

Pursuant to House Bill 1340, Section 135, the North Carolina Department of Human 
Resources submits A Plan to Address the Escalating Use and Costs of Community 
Intermediate Care Facilities for the Mentally Retarded/Developmentally Disabled. 

Pursuant to G.S. 113A-35.1, the Department of Environment, Health, and Natural 
Resources submits its 1992 Annual Status Report on Progress Made in Protecting the 
New River State River. 

Pursuant to G.S. 130A-310.10, the Department of Environment, Health, and 
Natural Resources submits its 1993 Annual Report on Inactive Hazardous Waste. 



CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 36, a bill to allow the limited disclosure of veterinary medical records in the 
Department of Agriculture. 

Senator Speed offers a motion that the bill be postponed indefinitely, which motion 
prevails. The measure lies upon the table. 

S.B. 463, a bill to provide that space within a cosmetic art shop rented by an 
independent contractor is not a separate cosmetic art shop. 

On motion of Senator Winner of Mecklenburg, consideration of the bill is postponed 
until tomorrow, March 16. 

S.B. 70 (Committee Substitute) , a bill to require the inspection of ostriches and other 
ratites under the Meat Inspection Act, upon third reading. 

Senator Speed offers Amendment No. 1 which is adopted (42-0). 

The Committee Substitute bill, as amended, passes its third reading (45-0) and is 
ordered engrossed and sent to the House of Representatives. 



March 15, 1993 



1993] SENATE JOURNAL 159 

S.B. 99, a bill to transfer authority from the Wildlife Resources Commission to the 
Department of Agriculture to regulate the production and sale of commercially raised 
freshwater fish and freshwater crustacean species, as amended, upon third reading. 

The bill, as amended, passes its third reading (45-0) and is ordered engrossed and 
sent to the House of Representatives. 

The President recognizes the following pages serving in the Senate this week: Leigh 
Angela Britt, Reidsville; Jeff Christmas, Burlington; Jamie N. Cutler, Washington; 
Kristen Dawn Gilliam, Louisburg; Matthew Lee Hearp, Reidsville; Eric Blanchard 
Hawes, Jacksonville; Jennifer Page Jeffreys, Milton; April Michelle McClain, Garner; 
Lindsay K. Medlin, Louisburg; Kimberly Blair Money, Thomas ville; Ruth Renee' 
Pahnke, Wake Forest; Scott Andrew Sellers, Elon College; Christian Chloris Swiers, 
Wilmington; Nikki Turner, Yancey ville; Mark Tyson, Monroe; Shernita 
L. Williamson, Yanceyville; Toni Williamson, Reidsville; Jason Harold York, 
Burlington; and Milaune Elizabeth Young, Goldsboro. 

On motion of Senator Basnight, seconded by Senator Lee, the Senate adjourns at 
8:19 P.M. to meet tomorrow, Tuesday, March 16, at 1:30 P.M. 



TWENTY-NINTH DAY 

Senate Chamber, 
Tuesday, March 16, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, in the midst of our most difficult deliberations, sometimes we must 
choose between doing what is self-serving and doing what is right. 

"Since choosing what is right dictates that we cannot always do what we would like, 
grant that we may like what we must do, knowing that truth will one day and always be 
vindicated and prevail over expediency. 

"The Holy Scriptures encourage us to that end by stating, 'You shall know the Truth 
and the Truth shall set you free.' Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Monday, March 
15, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Winner of Buncombe, who is delayed by air travel; to Senator Edwards, due to sickness; 
and to Senator Plexico, due to the "Blizzard of '93." 



ENROLLED. BILL 

The Enrolling Clerk reports the following bill enrolled, and it is duly ratified and sent to 
the Office of the Secretary of State: 

H.B. 144, an act to amend the Charter of the City of Greensboro with respect to 
contract award, leases, and settlement of claims. (Ch. 6) 



March 16, 1993 



160 SENATE JOURNAL [Session 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Albertson for the Agriculture, Marine Resources, and Wildlife 
Committee. 

S.B. 457 , a bill to establish statewide seasons for taking beaver and to allow the taking 
of depredating beaver without obtaining a permit, with a favorable report, as amended. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Warren, Albertson, Cochrane, Forrester, Marshall, Plyler, Sands, and 
Smith: 

S.B. 484, a bill to appropriate funds for the North Carolina 4-H Camp Program. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 485, a bill to appropriate funds to the Department of Agriculture to renovate a 
building to house laboratories. 

Referred to Capital Expenditures Committee. 

By Senator Martin of Pitt: 

S.B. 486, a bill to appropriate funds for the Eastern North Carolina Agricultural 
Center. 

Referred to Capital Expenditures Committee. 

By Senators Cooper and Carpenter: 

S.B. 487, a bill to implement a recommendation of the Child Fatality Task Force to 
amend the juvenile law and other laws to protect children more effectively from abuse, 
neglect, and dependency. 

Referred to Judiciary I Committee. 

By Senators Cooper, Carpenter, and Forrester: 

S.B. 488, a bill to require public school children to receive a health assessment before 
entry into kindergarten. 

Referred to Education/Higher Education Committee. 

By Senator Cooper: 

S.B. 489, a bill to implement a recommendation of the Child Fatality Task Force to 
appropriate funds for child maltreatment evaluation and education centers. 
Referred to Appropriations Committee. 

By Senators Cooper and Carpenter: 

S.B. 490, a bill to implement a recommendation of the Child Fatality Task Force to 
establish community child protection teams as statutory entities. 
Referred to Children and Human Resources Committee. 

By Senator Cooper: 

S.B. 491, a bill to implement a recommendation of the Child Fatality Task Force to 
appropriate funds to provide for family preservation services in every county. 
Referred to Appropriations Committee. 



March 16, 1993 



1993] SENATE JOURNAL 161 

By Senators Cooper and Carpenter: 

S.B. 492, a bill to implement recommendations of the Child Fatality Task Force to 
encourage prosecutorial child protection initiatives. 
Referred to Judiciary II Committee. 

By Senator Cooper, Carpenter, and Forrester: 

S.B. 493, a bill to implement a recommendation of the Child Fatality Task Force to 
develop joint training on child abuse and neglect investigations and criminal prosecution. 
Referred to Judiciary II Committee. 

By Senators Cooper and Carpenter: 

S.B. 494, a bill to implement a recommendation of the Child Fatality Task Force to 
phase in a statewide multidisciplinary, multiagency child fatality review and prevention 
system. 

Referred to Children and Human Resources Committee. 

By Senators Cooper and Carpenter: 

S.B. 495, a bill directing the State Center for Health Statistics to conduct research as 
recommended by the Child Fatality Task Force. 

Referred to Children and Human Resources Committee. 

By Senators Cooper and Carpenter: 

S.B. 496, a bill to implement a recommendation of the Child Fatality Task Force to 
require the Division of Social Services convene a committee to develop a child medical 
and mental health evaluation plan. 

Referred to Children and Human Resources Committee. 

By Senators Cooper and Carpenter: 

S.B. 497, a bill to make the presence of a child under the age of sixteen in a vehicle 
driven by a person convicted of driving while impaired a grossly aggravating factor in 
sentencing. 

Referred to Judiciary I Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting the following bill 
which is read the first time and disposed of, as follows: 

H. B. 101 (Committee Substitute) , a bill to expand the current energy policy for State 
government to apply to the construction, operation, and renovation of State facilities and 
state-assisted facilities and to the purchase, operation, and maintenance of equipment 
for such facilities. 

Referred to State Personnel and State Government Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 181 (Committee Substitute), a bill to require entities providing health benefit 
plans to make direct payment to governmental agencies providing health care services. 

On motion of Senator Sands, consideration of the Committee Substitute bill is post- 
poned until tomorrow, March 17. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, the bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 



March 16, 1993 



162 SENATE JOURNAL [Session 

By Senator Ballance for the Judiciary I Committee. 

S.B. 467, a bill to modify the speeds upon which the Division of Motor Vehicles' 
license suspension authority is based, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Ballance, the rules are suspended, and the proposed Committee 
Substitute bill 4557 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, March 17, for further consideration. 

CALENDAR (Continued) 

S.B. 463, a bill to provide that space within a cosmetic art shop rented by an indepen- 
dent contractor is not a separate cosmetic art shop. 

On motion of Senator Winner of Mecklenburg, Committee Amendment No. 1 is 
adopted. 

Senator Hunt offers a motion that the bill, as amended, be re-referred to the Finance 
Committee, which motion he subsequently withdraws. 

Senator Hunt, Chairman of the Finance Committee, requests a fiscal note on the bill, 
as amended. 

Pursuant to Rule 42.1, the Chair orders the measure placed on the Calendar for 
Thursday, March 18, for receipt of the fiscal note. 

Senator Daniel of Caswell County offers a motion that the rules be suspended to the 
end that Kelly Marks, General Chairman of the Greater Greensboro Open Golf Tourna- 
ment, be granted privileges of the floor, which motion prevails. 

Senator Basnight, President Pro Tempore, appoints Senator Seymour, Senator Martin 
of Guilford, and Senator Shaw to escort Mr. Marks to the Well of the Senate, where he 
offers brief remarks and issues an invitation to the members to attend Legislator's Day at 
the Greater Greensboro Open on Friday, April 23. The Escort Committee escorts Mr. 
Marks from the Chamber. 



APPOINTMENT OF SELECT COMMITTEE 

Pursuant to Rule 31 (a) of the Temporary Rules of the 1993 Senate, Senator Basnight, 
President Pro Tempore, announces a select committee, appoints members, and charges 
them as follows: 



SELECT COMMITTEE ON BONDS 

Senators Winner of Mecklenburg (Chair), Edwards, Hoyle, Lee, Perdue, Simpson, 
Warren, and Ward. 

"The Select Committee shall identify the needs at the State and local level for bond 
monies to fund the immediate and foreseeable infrastructure requirements of the follow- 
ing governmental functions: education at the K-12, community college, and University 
levels; and provision of water and sewer services for orderly growth and economic devel- 
opment. The Committee also shall review the needs for instructional technology and 
shall determine the most appropriate method of financing those needs." 

On motion of Senator Basnight, seconded by Senator Odom, the Senate adjourns at 
2:03 P.M. to meet tomorrow, Wednesday, March 17, at 1:30 P.M. 



March 16, 1993 



1993] SENATE JOURNAL 163 

THIRTIETH DAY 

Senate Chamber, 
Wednesday, March 17, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Our Father, conflict forces us to consider what really matters. But resolution of 
conflict is often a difficult dilemma. 

"Scripture teaches that 'turning the other cheek' is one way to deal with conflict. 
When issues are trivial and outcomes don't matter as much — that works. 

"But Scripture also reminds us that a few tables were overturned in the temple one day 
when faith was perverted and core values were endangered. 

"Teach us, O Lord, when to turn the other cheek and when to overturn a few tables. 
Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Tuesday, 
March 16, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Edwards; for today and tomorrow, Thursday, March 18, to Senator Richardson and to 
Senator Gulley, who is attending the funeral of his grandmother; and for tomorrow, 
Thursday, March 18, to Senator Kincaid. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Sands: 

S.B. 498 , a bill to correct two errors in the plan for merger of the public school systems 
in Rockingham County into one system. 

Referred to Education/Higher Education Committee. 

By Senators Albertson, Jordan, Perdue, Speed, Carpenter, and Forrester: 
S.B. 499, a bill to provide for inspection and grading of farm products. 
Referred to Agriculture, Marine Resources, and Wildlife Committee and 
upon a favorable report, re-referred to the Appropriations Committee. 

By Senators Forrester, Walker, Richardson, Lee, Codington, Hyde, Harris, 
Cochrane, Allran, Gunter, Kaplan, Carpenter, and Ward: 

S.B. 500, a bill to require prostate-specific antigen (PSA) test coverage in health and 
accident insurance policies, in hospital or medical services plans, and in HMO plans. 

Referred to Insurance Committee. 

By Senators Kincaid and Simpson: 

S.B. 501, a bill to authorize Avery County to levy a room occupancy and tourism 
development tax on businesses in the County that are not subject to a municipal 
occupancy tax. 

Referred to Economic Development Committee and upon a favorable report, 
re-referred to the Finance Committee. 



March 17, 1993 



164 SENATE JOURNAL [Session 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

H.B. 35 (Committee Substitute), a bill to change the membership of the Agriculture 
and Forestry Awareness Study Commission. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

H.B. 173 (Committee Substitute) , a bill to provide that the State shall pay interest on 
income tax refunds not refunded to the taxpayer within forty-five days after the return 
was filed or due to be filed, whichever is later. 

Referred to Finance Committee. 

H.B. 208, a bill to restore the original corporate limits of the Town of Polkville. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 181 (Committee Substitute), a bill to require entities providing health benefit 
plans to make direct payment to governmental agencies providing health care services. 

Senator Winner of Buncombe offers Amendment No. 1 which is adopted (44-0). 

The Committee Substitute bill, as amended, passes its second (46-0) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

S.B. 457 , a bill to establish statewide seasons for taking beaver and to allow the taking 
of depredating beaver without obtaining a permit. 

On motion of Senator Albertson, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (45-2). 

Senator Winner of Buncombe objects to the third reading of the measure. Without 
objection, on motion of Senator Hyde, the Chair orders the measure placed on the 
Calendar for Tuesday, March 23, for further consideration, upon third reading. 

S.B. 467 (Committee Substitute) , a bill to modify the speeds upon which the Division 
of Motor Vehicles' license suspension authority is based. 

The Committee Substitute bill passes its second (37-10) and third readings and is 
ordered, without objection, on motion of Senator Ballance, sent to the House of 
Representatives by special messenger. 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Perdue for the Education/Higher Education Committee: 

S.B. 44, a bill directing the State Board of Education to revise the funding formula for 
exceptional children, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 101 , a bill to authorize locals boards of education to waive the age requirements 
for enrollment in public schools, with a favorable report. 



March 17, 1993 



1993] SENATE JOURNAL 165 

S.B. 218, a bill to direct the Joint Committee on Teacher Education to report to the 
Joint Legislative Education Oversight Committee instead of the Joint Legislative 
Commission on Governmental Operations, with a favorable report. 

S.B. 458, a bill to provide for an at-large seat on the Kings Mountain Board of 
Education, instead of all the members being elected from residency districts, with a 
favorable report. 

By Senator Speed for the Transportation Committee: 

S.B. 161, a bill to allow all trailers to obtain multiyear license plates, to allow owners 
of horseless carriages to obtain multiyear license plates, to clarify the definition of semi- 
trailer, and to make technical and administrative changes to the laws concerning special 
license plates, with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Finance Committee. 



CONFERENCE REPORT 

S. B. 10 (House Committee Substitute) 

Senator Daniel, for the Conferees appointed to consider the differences arising 
between the Senate and the House of Representatives upon S.B. 10 (House Committee 
Substitute), a bill to modify the certificate of need law, submits the following report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on Senate Bill 10, AN ACT TO MODIFY THE 
CERTIFICATE OF NEED LAW, House Committee Substitute Favorable 2/19/93, 
Fifth Edition Engrossed 2/24/93, wish to report as follows: 

The Senate concurs in the House Committee Substitute Favorable 2/19/93, Fifth Edi- 
tion Engrossed 2/24/93, with the following amendments: 

On page 5, lines 19 through 32, by rewriting those lines to read: 
"(7a) 'Diagnostic center' means a freestanding facility, program, or provider, 
including but not limited to. physicians' offices, clinical laboratories, radiolo - 
gy centers, and mobile diagnostic programs, in which the total cost of all the 
medical diagnostic equipment utilized by the facility which cost ten thousand 
dollars ($10,000) or more exceeds five hundred thousand dollars ($500,000) . 
In determining whether the medical diagnostic equipment in a diagnostic center 
costs more than five hundred thousand dollars f$500. 000^. the costs of the 
equipment, studies, surveys, designs, plans, working drawings, specifica - 
tions, construction, installation, and other activities essential to acquiring and 
making operational the equipment shall be included. The capital expenditure 
for the equipment shall be deemed to be the fair market value of the equipment 
or the cost of the equipment, whichever is greater. "; and 

on page 26, line 38, by rewriting that line to read: 
"develop new institutional health services as defined in G. S. 1 31 E- 176(1 6) , as amended 
by this act, except that"; and 



March 17, 1993 



166 SENATE JOURNAL [Session 

on page 26, lines 40 through 42, by rewriting those lines to read: 
"any political subdivision of the State, or any other comparable entity who has lawfully 
entered into a binding legal contract to develop and offer any service that was not a new 
institutional health service requiring a certificate of need prior to the ratification of this 
act. This act shall not affect litigation pending on". 

The House agrees to the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 16th day of March, 1993. 

S/George B. Daniel S/George W. Miller, Jr. 

S/David W. Hoyle S/John R. Gamble, Jr. 

S/Leslie Winner S/Karen E. Gottovi 

S/Luther H. Jordan, Jr. S/F. M. Cummings 

S/Jean Preston 
S/Walter W. Dickson 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

On motion of Senator Daniel, the Conference Report is adopted (46-0) and a message 
is ordered sent to the House of Representatives informing that Honorable Body of such 
action. 



APPOINTMENTS TO COMMITTEE 

Senator Basnight, President Pro Tempore, announces additional appointments to a 
select committee: 

SELECT COMMITTEE ON BONDS: Senators Winner of Buncombe, 
Forrester, Hunt, Kerr, and Sherron are appointed. 

On motion of Senator Basnight, seconded by Senator Martin of Pitt, the Senate 
adjourns at 2:20 P.M. to meet tomorrow, Thursday, March 18, at 1:30 P.M. 



THIRTY-FIRST DAY 

Senate Chamber, 
Thursday, March 18, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Merciful God, his prayer was neither eloquent nor long-winded. The publican, 
standing far off and with head down, simply prayed, 'God be merciful to me a sinner. * 
And the parable says that he went home justified. 

"Lord, as difficult as it might be, may the publican's prayer be our prayer today, 'God 
be merciful to me a sinner' for there is a humbling empowerment for all that we do— in 
admitting our humanity and being forgiven. Amen." 



March 18, 1993 



1993] SENATE JOURNAL 167 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, March 17, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

Leaves of absence granted previously for today to Senator Gulley, Senator Richardson, 
and Senator Kincaid are noted. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Harris for the Pensions and Retirement Committee: 

H.B. 58, a bill to remove the State Auditor from the Board of Trustees of the North 
Carolina Firemen's and Rescue Squad Workers' Pension Fund, with a favorable report. 

By Senator Seymour for the Public Utilities Committee: 

S. B. 470, a bill to exempt joint municipal power agencies from the State bidding laws 
in the construction of electric generation and transmission projects, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Seymour, the proposed Committee Substitute bill 4560 is placed 
before the Senate for immediate consideration, and on her further motion is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Capital 
Expenditures Committee. 

By Senator Walker for the Children and Human Resources Committee: 

S. B. 31, a bill to require that the Department of Human Resources study the issue of 
reimbursement for domiciliary care homes and recommend a specific method for rate 
setting, with a favorable report. 

S.B. 453, a bill to repeal the requirement for health certificates for marriage license 
applicants, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Judiciary I Committee. 

S.B. 338, a bill to appropriate funds to provide Medicaid coverage for adopted chil- 
dren with special needs, with a favorable report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Appropriations Committee. 

By Senator Johnson for the State Personnel and State Government 
Committee: 

H.B. 87 (Committee Substitute), a bill to provide for limited leave with pay for State 
employees who are certified disaster volunteers, with a favorable report. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

Senator Plyler of Union County offers a motion the rules be suspended to the end that 
Christa Tyson, Miss North Carolina U.S. A. , be granted privileges of the floor to address 
the Senate, which motion prevails. 

Senator Basnight, President Pro Tempore, appoints Senator Plyler, Senator Conder, 
and Mark Tyson, brother of Ms. Tyson who is serving as a page this week, to escort Ms. 
Tyson to the Well of the Senate, where she offers brief remarks. The Committee escorts 
Ms. Tyson from the Chamber. 



March 18, 1993 



168 SENATE JOURNAL [Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 10 House of Representatives 

(House Committee Substitute) March 17, 1993 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on House Committee Substitute to 
SB. No. 10 A BILL TO BE ENTITLED AN ACT TO MODIFY THE CERTIFICATE 
OF NEED LAW, to the end that when a similar action has been taken on the part of the 
Senate, you may order the bill enrolled. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

The House Committee Substitute bill is ordered enrolled. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Perdue, Gunter, Marshall, Winner of Mecklenburg, Tally, Seymour, 
Cochrane, and Plexico: 

S.B. 502, a bill to appropriate funds for rape crisis and sexual assault programs 
throughout the State. 

Referred to Appropriations Committee. 

By Senators Perdue, Jordan, Kerr, and Plexico: 

S.B. 503, a bill to provide for economic development in rural areas and depressed 
areas of North Carolina. 

Referred to Appropriations Committee. 

By Senator Perdue: 

S.B. 504, a bill to require the Department of Commerce to prepare and update 
annually a Comprehensive Strategic Economic Development Plan for the State of North 
Carolina. 

Referred to Economic Development Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Perdue: 

S.B. 505, a bill to direct the State Board of Community Colleges to study its Small 
Business Centers Program to determine how to provide for more effective delivery of 
program services. 

Referred to Education/Higher Education Committee. 

By Senators Winner of Mecklenburg, Blackmon, Odom, Carpenter, Kaplan, and 
Plexico: 

S.B. 506, a bill to provide that an officer may make a warrantless arrest on school 
grounds for certain misdemeanor offenses committed on school grounds. 

Referred to Judiciary I Committee. 

By Senators Codington, Shaw, and Jordan: 

S.B. 507, a bill to allow New Hanover County to regulate the operation of personal 
watercraft. 

Referred to Judiciary I Committee. 



March 18, 1993 



1993] SENATE JOURNAL 169 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 234, a bill making a qualified exception from the Public Records Act relating to 
geographical information systems, as amended, with Amendment No. 4 pending. 

Without objection, on motion of Senator Cooper, the Chair orders the bill, as 
amended, temporarily displaced, with Amendment No. 4 pending. 

S.B. 458, a bill to provide for an at-large seat on the Kings Mountain Board of 
Education, instead of all the members being elected from residency districts. 

The bill passes its second (42-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 234, a bill making a qualified exception from the Public Records Act relating to 
geographical information systems, as amended, with Amendment No. 4 pending, 
temporarily displaced earlier. 

On motion of Senator Cooper, the bill, as amended, with Amendment No. 4 pending, 
is re-referred to the Judiciary II Committee. 

S.B. 101, a bill to authorize locals boards of education to waive the age requirements 
for enrollment in public schools. 

Without objection, on motion of Senator Perdue, the bill is temporarily displaced. 

S.B. 218, a bill to direct the Joint Committee on Teacher Education to report to the 
Joint Legislative Education Oversight Committee instead of the Joint Legislative 
Commission on Governmental Operations. 

The bill passes its second (45-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 463, a bill to provide that space within a cosmetic art shop rented by an 
independent contractor is not a separate cosmetic art shop, as amended, with a fiscal 
note requested by Senator Hunt on March 16. 

The Chair announces the fiscal note is received. 

Senator Blackmon offers Amendment No. 2 which proposes to change the title to read 
S.B. 463, a bill to provide that space within a cosmetic art shop rented by an 
independent contractor is not a separate cosmetic art shop and to require that owners list 
all cosmetologists practicing in their cosmetic art shop. 

Without objection, on motion of Senator Blackmon, the bill, as amended, is 
temporarily displaced, with Amendment No. 2 pending. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the Office of the Secretary of State: 

S.B. 10 (House Committee Substitute) , an act to modify the certificate of need law. 
(Ch. 7) 



CALENDAR (Continued) 

S.B. 101, a bill to authorize locals boards of education to waive the age requirements 
for enrollment in public schools, temporarily displaced earlier. 

Senator Conder offers a motion that consideration of the bill be postponed until 
Tuesday, March 23, which motion he subsequently withdraws and the measure is 
consequently temporarily displaced. 



March 18, 1993 



170 SENATE JOURNAL [Session 

S.B. 463, a bill to provide that space within a cosmetic art shop rented by an 
independent contractor is not a separate cosmetic art shop, as amended, with 
Amendment No. 2 pending, temporarily displaced earlier. 

Senator Conder offers a motion that further consideration of the bill, as amended, with 
Amendment No. 2 pending, be postponed until Tuesday, March 23, which motion he 
subsequently withdraws and the measure is consequently temporarily displaced. 

S.B. 101, a bill to authorize locals boards of education to waive the age requirements 
for enrollment in public schools, temporarily displaced earlier. 

Senator Sands offers Amendment No. 1. 

The Chair orders the bill temporarily displaced, with Amendment No. 1 pending, for 
the distribution of copies of Amendment No. 1. 

S.B. 463, a bill to provide that space within a cosmetic art shop rented by an 
independent contractor is not a separate cosmetic art shop, as amended, with 
Amendment No. 2 pending, temporarily displaced earlier. 

Without objection on motion of Senator Harris, further consideration of the bill, as 
amended, with Amendment No. 2 pending, is postponed until Tuesday, March 23. 

S.B. 101, a bill to authorize locals boards of education to waive the age requirements 
for enrollment in public schools, with Amendment No. 1 pending, temporarily displaced 
earlier. 

Amendment No. 1, offered by Senator Sands, is adopted (45-0). 

On motion of Senator Perdue, the bill, as amended, is recommitted to the 
Education/Higher Education Committee. 

Senator Sherron, Chairman of the Ways and Means Committee, requests a fiscal 
note on the bill, as amended. 

Senator Sands rises to a point of order as to the request for a fiscal note being properly 
before the Senate on Senate Bill 101 recommitted earlier to the Education/ Higher 
Education Committee. The Chair rules, pursuant to Rule 42.1, that the measure is 
in the possession of the Senate and the request by the Chairman of the Ways and 
Means Committee for a fiscal note is in order, and orders the request transmitted. 

On motion of Senator Basnight, seconded by Senator Shaw, the Senate adjourns at 
2:32 P.M. to meet Monday, March 22, at 8:00 P.M. 



THIRTY-SECOND DAY 

Senate Chamber, 
Monday, March 22, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"God Our Father, renew our spirits and draw our hearts to You, that our work this 
week may not be a burden but a delight. Help us that we may serve You with the cheerful- 
ness and gladness of children, recognizing that every moment of life is a wonderful and 
precious gift from You. Amen." 

Senator Basnight, President Pro Tempore, announces that the Journal of Thursday, 
March 18, has been examined and is found to be correct. On his motion the Senate 
dispenses with the reading of the Journal and it stands approved as written. 



March 22, 1993 



1993] SENATE JOURNAL 171 

With unanimous consent, the President grants a leave of absence for tonight to Senator 
Daniel, Senator Edwards, Senator Conder, and Senator Jordan. 

The Chair extends courtesies of the gallery to Thomas H. Suddarth, former Senator 
from Davidson County, whose son, Thomas H. Suddarth III, is serving as a page this 
week. 



REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

Senator Cooper for the Judiciary II Committee: 

S.B. 417, a bill to amend the Open Meetings Law, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed Committee 
Substitute bill 9587, which changes the title to read S.B. 417 (Committee Substitute) , a 
bill to amend the open meetings laws and to amend the public records law as it relates to 
the Hospital Licensure Act, is placed before the Senate for immediate consideration. 

On motion of Senator Cooper, the proposed Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for tomorrow, March 23, for further 
consideration. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senator Hyde: 

S.B. 508, a bill to provide the same legal authority and limited liability to immigration 
and naturalization service agents who work with State and local officers as is accorded 
other federal officers. 

Referred to Judiciary II Committee. 

By Senator Conder: 

S.B. 509, a bill to add the Secretary of State as a member of the Economic 
Development Board. 

Referred to Economic Development Committee. 

By Senator Simpson: 

S.B. 510, a bill to provide for the separate election of the Mayor of Connelly Springs. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Allran, Carpenter, Codington, Cochrane, Hartsell, Shaw, Smith, 
Forrester, Kincaid, Blackmon, and Simpson: 

S.B. 511, a bill to strengthen the DWI laws. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Carpenter: 

S.B. 512, a bill to authorize Polk County to take into consideration prospective 
revenues generated by the development in arriving at the amount of consideration for an 
economic development conveyance. 

Referred to Local Government and Regional Affairs Committee. 



March 22, 1993 



172 SENATE JOURNAL [Session 

By Senators Harris and Carpenter: 

S.B. 513, a bill to amend the banking laws. 

Referred to Banks and Thrift Institutions Committee. 

By Senator Hyde: 

S.B. 514, a bill to amend the Constitution of North Carolina to make the terms of 
office for district court judges consistent with the terms for all other judges of the General 
Court of Justice. 

Referred to Constitution and Election Laws Committee. 

By Senator Martin of Pitt: 

S.B. 515, a bill to appropriate funds to the Department of Agriculture for an 
automated network to improve operating efficiency and communication. 
Referred to Appropriations Committee. 

By Senators Hartsell, Smith, and Cochrane: 

S.B. 516, a bill to authorize the extension of county housing authority jurisdiction to 
cities located in whole or in part within the county's boundaries. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Parnell: 

S.B. 517, a bill to implement a structured sentencing plan for misdemeanants by 
redefining State and county responsibilities for the confinement of misdemeanants. 
Referred to Judiciary I Committee. 

By Senators Albertson, Warren, Parnell, Daniel, Jordan, Perdue, Soles, Martin of 
Pitt, Conder, Smith, and Speed. 

S.B. 518, a bill to appropriate funds to the Department of Agriculture for staffing and 
operating support for the biological pest control laboratory. 

Referred to Appropriations Committee. 

By Senators Albertson, Warren, Parnell, Daniel, Jordan, Perdue, Soles, Martin of 
Pitt, Conder, and Speed. 

S.B. 519, a bill to improve the enforcement of the North Carolina Liming Materials 
and Landplaster Act. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Agriculture, Marine Resources, and Wildlife Committee. 

By Senators Albertson, Warren, Parnell, Daniel, Jordan, Hunt, Perdue, Martin of 
Pitt, Soles, Winner of Buncombe, Conder, and Speed. 

S.B. 520, a bill to appropriate funds to the Department of Agriculture to increase 
efforts to expand domestic markets for agricultural products. 

Referred to Appropriations Committee. 

By Senators Albertson, Warren, Parnell, Daniel, Jordan, Hunt, Perdue, Martin of 
Pitt, Soles, Conder, and Speed. 

S.B. 521, a bill to appropriate funds to the Department of Agriculture for the 
expansion of the Pseudorabies Control Program. 

Referred to Appropriations Committee. 

By Senators Folger and Smith: 

S.J.R. 522, a joint resolution honoring the life, service, and memory of John C. 
Kesler. 

Referred to Rules and Operation of the Senate Committee. 



March 22, 1993 



1993] SENATE JOURNAL 173 

By Senator Seymour: 

S. B. 523, a bill to establish a fee for the accreditation and renewal of accreditation of 
reinsurance companies. 

Referred to Insurance Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Conder and Plyler: 

S.B. 524, a bill to amend the site selection criteria for a low-level radioactive waste 
facility to provide that no facility be sited within ten miles of a neighboring State. 
Referred to Environment and Natural Resources Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

H. B. 57 (Committee Substitute) , a bill to require partnerships to furnish each partner 
a copy of the State "K-l" tax form. 
Referred to Finance Committee. 

H.B. 265, a bill to exempt the City of Washington from Article 12, Chapter 160A of 
the General Statutes in the conveyance of certain real estate to the Greater Washington 
Chamber of Commerce, Inc. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.R. 135 House of Representatives 

March 18, 1993 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to H.R. 135, A HOUSE RESOLUTION TO ESTABLISH THE PROCEDURE 
FOR NOMINATING AND ELECTING MEMBERS OF THE BOARD OF 
GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, the House of 
Representatives has elected the following persons to the Board of Governors of the 
University of North Carolina: 

Minority Party Category (2) 

John Allen Garwood 
John F. A. V. Cecil 

At-Large Category (6) 

Dewey Wayne Peterson 
Ellen Sheffield Newbold 
Mark L. Bibbs 
H. D. Reaves, Jr. 
Harold H. Webb 
Roderick D. (Rod) Adams 



March 22, 1993 



174 SENATE JOURNAL [Session 

Women's Category (1) 

Valeria Lynch Lee 

Respectfully, 
S/Denise G. Weeks 
House Principal Clerk 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 31, a bill to require that the Department of Human Resources study the issue of 
reimbursement for domiciliary care homes and recommend a specific method for rate 
setting. 

The bill passes its second (45-0) and third readings and is ordered sent to the House of 
Representatives. 

H. B. 58, a bill to remove the State Auditor from the Board of Trustees of the North 
Carolina Firemen's and Rescue Squad Workers' Pension Fund. 

The bill passes its second (45-0) and third readings and is ordered enrolled. 

The President recognizes the following pages serving in the Senate this week: 

Dekhasta Becton, Raleigh; Jason Brown, Raleigh; Olivia Louise Burnside, Camp 
Lejeune; Dennis Carroll, Garner; Mary Veronica Coffey, Burlington; Grace Creech, 
Burlington; Audrey Denise Faucette, Burlington; Crystal Dawn Foust, Burlington; 
Adam Scarborough Hancock, Raleigh; Angela J. Harlan, Huntersville; William 
Hedrick, Wake Forest; Erika Lynn Roberson, Burlington; Bryan Wayne Sartin, Ruffin; 
Lyndsye Sellars, Raleigh; Aleshia Smith, Fayetteville; Thomas Henry Suddarth III, 
Wilmington; and Mary Katherine Williams, New Bern. 

EXECUTIVE ORDER 

An Executive Order received (see Appendix) is presented to the Senate, read, and 
referred to committee, as follows: 

Executive Order Number 5, Severe Winter Storm Emergency Relief. 
Referred to Transportation Committee. 



APPOINTMENTS TO JOINT LEGISLATIVE COMMITTEE 

Pursuant to G.S. 120-70.1, Senator Basnight, President Pro Tempore, announces 
appointments to the Joint Legislative Utility Review Committee, as follows: Senators 
Johnson (Co-Chairman) ; Seymour; and Smith. 

On motion of Senator Basnight, seconded by Senator Soles, the Senate adjourns at 
8:24 P.M. to meet tomorrow, Tuesday, March 23, at 1:30 P.M. 



March 22, 1993 



1993] SENATE JOURNAL 175 

THIRTY-THIRD DAY 

Senate Chamber, 
Tuesday, March 23, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Steve W. Lucas, former Senate Chaplain and 
presently Minister of Longwood Hills Baptist Church, Longwood, Florida, as follows: 

"Father, it seems that there is very little good news these days that isn't bad news for 
someone. And a piece of legislation that helps one group often does so at the expense of 
another group, and sometimes this isn't altogether negative, depending on the issue and 
the two sides of that issue. 

"But, sometimes, Father, we admit that we, as individuals, and as a people, long for 
news that is completely, one-hundred percent without qualification, good news, and 
good news for all, no matter what political, socioeconomic, or ethnic group, we belong 
to, or for that matter even what religious group we belong to. And that news is that You 
know us and love us, Father, and that when we suffer so do You. You are not an 
at-a-distance God, but an up-close and personal God, and these concerns discussed 
here today matter, not just to us, not just to North Carolina, but ultimately to You as 
well. 

"For this truth, we give You thanks. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, March 22, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Jordan. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the Office of the Secretary of State: 

S.B. 97, an act to amend the General Statutes to authorize the Governor to appoint a 
spouse of a commercial fisherman to serve on the Marine Fisheries Commission in the 
place of the commercial fisherman. (Ch. 8) 

H.B. 58, an act to remove the State Auditor from the Board of Trustees of the North 
Carolina Firemen's and Rescue Squad Workers' Pension Fund. (Ch. 9) 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Albertson for the Agriculture, Marine Resources, and Wildlife 
Committee: 

S.B. 499, a bill to provide for inspection and grading of farm products, with a 
favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 



March 23, 1993 



176 SENATE JOURNAL [Session 

H.B. 35 (Committee Substitute), a bill to change the membership of the Agriculture 
and Forestry Awareness Study Commission, with a favorable report. 

By Senator Sands for the Rules and Operation of the Senate Committee: 

H.J.R. 181, a joint resolution honoring the delegates to the North Carolina 
Constitutional Convention of 1868 and the first county commissioners, including those 
of Rutherford County, elected under the Constitution of 1868 upon the 125th 
Anniversary of the 1868 North Carolina Constitution, which established the county 
commissioner form of government in North Carolina, with a favorable report. 

By Senator Ballance for the Judiciary I Committee: 

S.B. 222, a bill to prohibit hunting from, on, or across the right-of-way of a public 
road or highway in Macon County during deer season, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Ballance, the rules are suspended, and the proposed Committee 
Substitute bill 2583 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, March 24, for further consideration. 

By Senator Cooper for the Judiciary II Committee: 

S.B. 407, a bill to eliminate any ambiguity as to the scope of inspections of the Board 
of Mortuary Affairs, with a favorable report, as amended. 

By Senator Kaplan for the Capital Expenditures Committee: 

H.B. 157, a bill to exempt Columbus County from certain statutory requirements in 
the building of a new social services facility, with a favorable report. 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Daniel: 

S.B. 525, a bill to make revisions to the right to a Natural Death Act. 

Referred to Judiciary II Committee. 

By Senators Harris and Carpenter: 

S.B. 526, a bill to change the certification period of emergency medical technicians 
from two years to four years. 

Referred to Children and Human Resources Committee. 

By Senators Harris, Carpenter, and Smith: 

S.B. 527, a bill to provide an increase to retirees of the Local Governmental 
Employees' Retirement System, the Teachers' and State Employees' Retirement 
System, the Consolidated Judicial Retirement System, and the Legislative Retirement 
System. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 



March 23, 1993 



1993] SENATE JOURNAL 177 

By Senators Harris, Carpenter, and Smith: 

S.B. 528, a bill to provide that retired members in receipt of a retirement allowance 
from the state-administered retirement systems shall receive retirement benefits equal to 
an amount not less than the accumulated contributions of the retiree at retirement. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Harris, Carpenter, and Smith: 

S.B. 529, a bill to amend the vital records law to avoid unlawful duplication. 

Referred to Judiciary I Committee. 

By Senator Plyler: 

S.B. 530, a bill to appropriate funds to the Department of Agriculture for medical 
waste incinerators. 

Referred to Appropriations Committee. 

By Senator Hyde: 

S.B. 531, a bill to amend the Constitution of North Carolina to make the terms of 
office for district court judges consistent with the terms for all other judges of the General 
Court of Justice. 

Referred to Constitution and Election Laws Committee. 

By Senator Winner of Buncombe: 

S.B. 532, a bill to provide that all interest expenses are deductible for inheritance tax 
purposes. 

Referred to Finance Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

H.B. 19, a bill to clarify the law with regard to the rejection of competitive bids for 
goods and services. 

Referred to State Personnel and State Government Committee. 

H.B. 162, a bill concerning annexation of certain property by the Town of Clayton. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 179 (Committee Substitute) , a bill to delete the requirement that certain reports 
on environmental issues be made to the Joint Legislative Commission on Governmental 
Operations. 

Referred to Environment and Natural Resources Committee. 

H.B. 27 (Committee Substitute) , a bill to restrict the transportation of children under 
the age of twelve in the open bed or open cargo area of a vehicle. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and 
upon a favorable report, re-referred to the Judiciary I Committee. 

S.B. 55 (House Committee Substitute) , a bill to clarify the General Statutes to include 
training for incinerator operators of solid waste management facilities, for concurrence 
in the House Committee Substitute bill, which is recommitted to the Environment and 
Natural Resources Committee. 



March 23, 1993 



178 SENATE JOURNAL [Session 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 417 (Committee Substitute), a bill to amend the open meetings laws and to 
amend the public records law as it relates to the Hospital Licensure Act. 

Senator Cooper offers Amendment No. 1 which is adopted (49-0) , changing the title 
to read S.B. 417 (Committee Substitute) , a bill to amend the open meetings laws and to 
amend the public records law as it relates to the Hospital Licensure Act and the Joint 
Municipal Electric Power and Energy Act. 

Senator Gulley offers Amendment No. 2 which is adopted (48-1). 

Senator Kerr offers Amendment No. 3 which is adopted (33-14). 

Senator Simpson offers Amendment No. 4 which fails of adoption (19-26). 

The Committee Substitute bill, as amended, passes its second (44-4) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

S.B. 463, a bill to provide that space within a cosmetic art shop rented by an 
independent contractor is not a separate cosmetic art shop, as amended, with 
Amendment No. 2 pending. 

With unanimous consent, Senator Blackmon withdraws Amendment No. 2. 

Senator Blackmon offers Amendment No. 3 which is adopted (40-8), changing the 
title to read S.B. 463, a bill to provide that space within a cosmetic art shop rented by an 
independent contractor is not a separate cosmetic art shop and to require that owners list 
all cosmetologists practicing in their cosmetic art shop. 

The bill, as amended, passes its second (49-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 457 , a bill to establish statewide seasons for taking beaver and to allow the taking 
of depredating beaver without obtaining a permit, as amended, upon third reading. 

Senator Winner of Buncombe offers Amendment No. 2 which is adopted (47-0). 

The bill, as amended, passes its third reading (45-1) and is ordered engrossed and 
sent to the House of Representatives. 

RE-REFERRALS 

H.B. 210, a bill to protect the confidentiality of hotline complaints that the auditor 
transmits to the General Assembly for investigation, referred to Rules and Operation 
of the Senate Committee on February 25. 

Senator Sands offers a motion that the rules be suspended and the bill be taken from 
the Rules and Operation of the Senate Committee and re-referred to the State 
Personnel and State Government Committee, which motion prevails with 
unanimous consent. 

The Chair orders the bill re-referred to the State Personnel and State 
Government Committee. 

S.B. 20, a bill to amend the statutes relating to the electoral college to conform them 
to federal requirements and State law, referred to the Appropriations Committee on 
March 4. 

Senator Daniel offers a motion that the rules be suspended and the bill be taken from 
the Appropriations Committee and recommitted to the Constitution and 
Election Laws Committee, which motion prevails with unanimous consent. 

The Chair orders the bill recommitted to the Constitution and Election Laws 
Committee. 

FUNERAL DELEGATION 

Senator Basnight, President Pro Tempore, appoints Senator Marshall, Senator 
Richardson, and Senator Sherron as a delegation to attend the funeral of Johnnie Smith, 
the late mother-in-law of the Honorable Daniel T. Blue, Jr. , Speaker of the House of 
Representatives. 



March 23, 1993 



1993] SENATE JOURNAL 179 

On motion of Senator Basnight, seconded by Senator Gunter, the Senate adjourns at 
3:26 P.M. to meet tomorrow, Wednesday, March 24, at 1:30 P.M. 



THIRTY-FOURTH DAY 

Senate Chamber, 
Wednesday, March 24, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Loving God, as the story goes, when it was time to give an offering, the poor widow 
came unobtrusively and dropped in two copper coins; it was all that she had to live on. 
This parable has as much to say about attitude as generosity. 

"In today's world we prefer the headline to the byline; the bolder the print, the greater 
the contribution. But the widow teaches us a different ethic. Help us, like her, to make 
contributions to the world around us out of our poverty rather than our abundance. Then 
even greater works will be effected. Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yesterday, 
Tuesday, March 23, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Marshall, who is attending the funeral of Mrs. Johnnie Smith, mother-in-law of the 
Honorable Daniel T. Blue, Jr., Speaker of the House of Representatives; to Senator 
Edwards, who is attending a funeral; to Senator Richardson and Senator Sherron; and to 
Senator Kaplan for today and tomorrow, March 25. 

The Chair subsequently notes Senator Sherron present, and he withdraws his request 
for a leave of absence. 



REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Ballance for the Judiciary I Committee: 

S. B. 159, a bill to prohibit delivery of non-tax-paid special fuel into the supply tank of 
a motor vehicle and acquisition of non-tax-paid special fuel for use in a motor vehicle, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Ballance, the rules are suspended, and the proposed Committee 
Substitute bill 7596 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, March 25, for further consideration. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 



March 24, 1993 



180 SENATE JOURNAL [Session 

By Senator Forrester: 

S.B. 533, a bill to institute a statewide reporting system for occupational diseases, 
illnesses, conditions, and injuries. 

Referred to Children and Human Resources Committee. 

By Senators Walker, Cochrane, Lee, Seymour, Cooper, Winner of Mecklenburg, 
Ward, Cochrane, Tally, Marshall, Gunter, Smith, and Gulley: 

S.B. 534, a bill to appropriate supplemental funding for the Aid to Public Libraries 
Fund. 

Referred to Appropriations Committee. 

By Senators Hartsell and Simpson: 

S.B. 535, a bill to clarify remedies for returned checks as recommended by the 
General Statutes Commission. 

Referred to Judiciary I Committee. 

By Senator Hartsell: 

S.B. 536, a bill to change the date for publication of the roster of licensed general 
contractors and to make other conforming and technical changes as recommended by the 
General Statutes Commission. 

Referred to Judiciary I Committee. 

By Senator Hartsell (by request) : 

S.B. 537, a bill to implement a recommendation of the General Statutes Commission 
to make it clear that heirs or devisees may move to compel the filing of an account in a 
decedent's estate and to make the personal representative or collector personally liable 
for the costs of a proceeding to compel the filing of the account. 

Referred to Judiciary II Committee. 

By Senators Harris and Tally: 

S.B. 538, a bill to allow area mental health, developmental disabilities, and 
substance abuse authorities to submit local plans in accordance with an extended 
schedule. 

Referred to Children and Human Resources Committee. 

By Senator Ballance: 

S.B. 539, a bill to clarify the Medicaid law regarding the financial responsibility of 
parents for children under twenty-one in medical institutions. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Smith: 

S.B. 540, a bill to make technical and other changes to the Workers' Compensation 
Act, and to create the Special Industrial Commission Fund for the operation of the 
Industrial Commission and direct that a portion of the tax paid on worker's 
compensation premiums be paid to this Fund. 

Referred to Manufacturing and Labor Committee and upon a favorable report, 
re-referred to the Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Richardson, Edwards, Walker, Lee, Forrester, Cochrane, Ballance, and 
Perdue: 

S.B. 541, a bill to appropriate funds for early intervention and related services. 
Referred to Appropriations Committee. 

By Senators Richardson, Walker, Edwards, Lee, Cochrane, Forrester, Ballance, and 
Perdue: 

S.B. 542, a bill to appropriate funds for the Family Support Network's Parent to 
Parent Support Programs. 

Referred to Appropriations Committee. 



March 24, 1993 



1993] SENATE JOURNAL 181 

By Senators Ward, Harris, Walker, and Tally: 

S.B. 543, a bill to authorize the certification of employee assistance programs. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Judiciary I Committee and upon a favorable 
report, re-referred to the Finance Committee. 

By Senators Ward, Harris, Walker, and Tally: 

S.B. 544, a bill to amend various statutes pertaining to early intervention services 
from birth to five years of age. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Edwards: 

S.B. 545, a bill to delete the requirement that local boards of education file copies of 
their budget resolutions with the State Board of Education. 
Referred to Education/Higher Education Committee. 

By Senator Edwards: 

S.B. 546, a bill to place the Superintendent of Public Instruction on the Commission 
on Children with Special Needs. 

Referred to Education/Higher Education Committee. 

By Senator Edwards: 

S.B. 547, a bill to modify the reporting requirement regarding individual schools 
closed due to emergencies or other unsafe conditions. 

Referred to Education/Higher Education Committee. 

By Senator Kerr: 

S.B. 548, a bill to appropriate funds for the OSHA Division of the Department of 
Labor. 

Referred to Appropriations Committee. 

By Senators Lee, Tally, Ward, Forrester, Smith, Harris, Walker, Edwards, and 
Richardson: 

S.B. 549, a bill to provide that the Department of Justice may provide criminal record 
checks to area mental health, developmental disabilities, and substance abuse 
authorities and their contract agencies. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Albertson and Parnell: 

S.B. 550, a bill to amend the North Carolina Commercial Fertilizer Law. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and 
upon a favorable report, re-referred to the Environment and Natural Resources 
Committee. 

By Senator Albertson: 

S.B. 551, a bill to amend Chapter 1073 of the 1959 Session Laws to provide that the 
Sheriff issue Duplin County weapon permits. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Winner of Buncombe: 

S.B. 552, a bill to provide that no inheritance tax return need be filed if the amount of 
tax due is less than one hundred dollars. 
Referred to Finance Committee. 



March 24, 1993 



182 SENATE JOURNAL [Session 

By Senators Daniel, Cochrane, Folger, Kaplan, Kincaid, Lee, Martin of Guilford, 
Sands, Seymour, Shaw, Simpson, Walker, Smith, and Ward: 

S.B. 553, a bill to appropriate funds to construct the Piedmont Agricultural Marketing 
and Processing Center in Guilford County. 

Referred to Capital Expenditures Committee. 

By Senator Daniel: 

S.B. 554, a bill to permit area mental health authorities to serve as managed care 
providers. 

Referred to Children and Human Resources Committee. 

By Senators Tally and Edwards: 

S.B. 555, a bill to appropriate funds for the Museum of the Cape Fear Historical 
Complex. 

Referred to Capital Expenditures Committee. 

By Senators Hoyle, Martin of Pitt, Albertson, Conder, Winner of Buncombe, Allran, 
and Forrester: 

S.B. 556, a bill to appropriate funds to the North Carolina Housing Trust Fund. 
Referred to Appropriations Committee. 

By Senators Hoyle and Forrester: 

S.B. 557, a bill to revise and consolidate the Charter of the City of Lowell. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

H.B. 94, a bill to abolish the North Carolina Energy Development Authority. 
Referred to Public Utilities Committee. 

H.B. 395, a bill to clarify the law regarding the recording of certified copies of docu- 
ments in the Office of the Register of Deeds. 
Referred to Judiciary II Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

S.B. 222 (Committee Substitute), a bill to prohibit hunting from, on, or across the 
right-of-way of a public road or highway in Macon County during deer season. 

The Committee Substitute bill passes its second and third readings and is ordered sent 
to the House of Representatives. 

H.B. 157, a bill to exempt Columbus County from certain statutory requirements in 
the building of a new social services facility, as amended. 

The bill, as amended, passes its second and third readings and is ordered sent to the 
House of Representatives, for concurrence in Senate Amendment No. 1. 

S.B. 407, a bill to eliminate any ambiguity as to the scope of inspections of the Board 
of Mortuary Affairs. 

On motion of Senator Harris, Committee Amendment No. 1 is adopted, changing the 
title to read S.B. 407, a bill to eliminate any ambiguity as to the scope of inspections of 
the Board of Mortuary Sciences. 



March 24, 1993 



1993] SENATE JOURNAL 183 

Senator Harris offers Amendment No. 2 which is adopted (45-0), further changing 
the title to read S. B. 407, a bill to eliminate any ambiguity as to the scope of inspections 
of the Board of Mortuary Science. 

The bill, as amended, passes its second (44-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H.B. 35 (Committee Substitute) , a bill to change the membership of the Agriculture 
and Forestry Awareness Study Commission. 

On motion of Senator Albertson, consideration of the Committee Substitute bill is 
postponed until Tuesday, March 30. 

H.J.R. 181, a joint resolution honoring the delegates to the North Carolina 
Constitutional Convention of 1868 and the first county commissioners, including those 
of Rutherford County, elected under the Constitution of 1868 upon the 125th 
Anniversary of the 1868 North Carolina Constitution, which established the county 
commissioner form of government in North Carolina. 

The joint resolution passes its second (45-0) and third readings and is ordered 
enrolled. 



REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Perdue for the Education/Higher Education Committee: 

S.B. 110, a bill to allow local school boards to request waivers for central office staff 
as provided by the School Improvement and Accountability Act, with a favorable report. 

S.B. 124, a bill to amend the Teacher Training Task Force to add teacher members 
and make other clarifying changes, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S . J . R. Ill, a joint resolution to approve a system to develop and implement a system 
for building improvement reports, with a favorable report, as amended. 

Pursuant to Rule 45.1, the joint resolution is placed before the Senate for immediate 
consideration and Committee Amendment No. 1 fails of adoption. 

Pursuant to Rule 43, the Chair orders the measure re-referred to the Rules and 
Operation of the Senate Committee. 

By Senator Folger for the Local Government and Regional Affairs 
Committee: 

H.B. 208, a bill to restore the original corporate limits of the Town of Polkville, with a 
favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 59, a bill to prohibit the disposal of certain classes of recyclable solid waste in 
landfills or by incineration, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Folger, the rules are suspended, and the proposed Committee 
Substitute bill 9589 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, March 25, for further consideration. 



March 24, 1993 



184 SENATE JOURNAL [Session 

REPORT TO GENERAL ASSEMBLY 

An Agency directed to report to the General Assembly submits a report 
(see Addendum) which is ordered placed on file in the Legislative Library, as follows: 

Pursuant to Section 11, Chapter 1044 of the 1991 Session Laws (Regular Session 
1992) the North Carolina Department of Administration submits its North Carolina 
Veterans Home 1993 Study. 

On motion of Senator Basnight, seconded by Senator Simpson, the Senate adjourns at 
2:05 P.M. to meet tomorrow, Thursday, March 25, at 1:30 P.M. 



THIRTY-FIFTH DAY 

Senate Chamber, 
Thursday, March 25, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, with a quote from 
Vance Havner, as follows: 

"God, our Father, mediocrity is often nurtured when we play it safe. We sacrifice 
what we really believe in for what we can live with. So when Your call to us is clear and a 
fire burns in our bones, give us the courage and conviction not to play it safe, but to risk 
everything! That's what faith is all about. 

"Nothing is more disastrous than to study faith, analyze it, make noble resolves about 
faith, but never actually make the leap of faith. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, March 24, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for Monday, 
March 29, to Senator Winner of Buncombe. A leave of absence previously granted to 
Senator Kaplan for today is noted. 

The Chair extends courtesies of the floor to Ramey Kemp, former member of the 
House of Representatives from Davie County. 

ENROLLED RESOLUTION 

The Enrolling Clerk reports the following resolution properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 

H.J.R. 181, a joint resolution honoring the delegates to the North Carolina 
Constitutional Convention of 1868 and the first county commissioners, including those 
of Rutherford County, elected under the Constitution of 1868 upon the 125th 
Anniversary of the 1868 North Carolina Constitution, which established the county 
commissioner form of government in North Carolina. (Res. 4) 

REPORTS OF COMMITTEES 

Standing committee reports are submitted, bills are read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 



March 25, 1993 



1993] SENATE JOURNAL 185 

By Senator Winner of Buncombe for the Finance Committee: 

S.B. 155, a bill to make technical and conforming changes to the revenue laws and 
related statutes, with a favorable report, as amended. 

On motion of Senator Winner of Buncombe, the bill is placed on the Calendar for 
Tuesday, March 30, for consideration. 

S.B. 128, a bill to exempt certain transfers of vehicles from the highway use tax, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Winner of Buncombe, the rules are suspended, and the 
proposed Committee Substitute bill 9596, which changes the title to read S.B. 128 
(Committee Substitute) , a bill to exempt certain transfers of vehicles from the highway 
use tax, to reimburse the Highway Trust Fund for revenue that would otherwise be lost as 
a result of the exemptions, and to increase revenues to provide funds to make the 
reimbursement, is placed before the Senate for immediate consideration. 

On motion of Senator Winner of Buncombe, the proposed Committee Substitute bill is 
adopted, and on his further motion is placed on the Calendar for Tuesday, March 30, for 
further consideration. 

H. B. 81, a bill to update the reference to the Internal Revenue Code used to determine 
certain taxable income and tax exemptions, with a favorable report. 

On motion of Senator Winner of Buncombe, the bill is placed on the Calendar for 
Tuesday, March 30, for consideration. 

By Senator Speed for the Transportation Committee: 

S.B. 162, a bill to modify the requirements for licensure as a motor vehicle wholesaler 
or dealer, to limit the number of motor vehicle dealer license plates that can be issued to 
the same dealer, to expand the use of transporter plates, and to change the fee for 
transporter plates, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Speed, the proposed Committee Substitute bill 2593, which 
changes the title to read S.B. 162 (Committee Substitute), a bill to modify the 
requirements for licensure as a motor vehicle wholesaler or dealer, to limit the number of 
motor vehicle dealer license plates that can be issued to the same dealer, to expand the 
use of transporter plates, and to change the fees for dealer plates and transporter plates, 
is placed before the Senate for immediate consideration. 

On motion of Senator Speed, the proposed Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to Finance 
Committee. 

By Senator Plyler for the Appropriations Committee: 

S.B. 447, a bill to provide for the transfer of funds from the City of Mount Airy's 
retirement plan to the Local Governmental Employees' Retirement System, with a 
favorable report. 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Sands: 

S.B. 558, a bill to appoint persons to various public offices upon the recommendation 
of the Senate President Pro Tempore. 

Referred to Rules and Operation of the Senate Committee. 



March 25, 1993 



186 SENATE JOURNAL [Session 

By Senators Marshall, Warren, and Gunter: 

S. B. 559, a bill to resolve the conflict between the State and federal special education 
law regarding the procedure of filing a civil action. 
Referred to Judiciary I Committee. 

By Senator Conder: 

S.B. 560, a bill to authorize the Division of Motor Vehicles to issue special license 
plates to recipients of the Distinguished Service Cross. 

Referred to Transportation Committee and upon a favorable report, re-referred 
to the Finance Committee. 

By Senator Jordan: 

S.B. 561, a bill to amend the law regarding the composition , powers , and duties of the 
Commission for the Blind. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Jordan: 

S.B. 562, a bill to increase the amount over which the Department of Transportation 
is required to solicit proposals for professional or specialized services contracts. 
Referred to Appropriations Committee. 

By Senator Folger: 

S.B. 563, a bill to extend the expiration date for private contract participation by the 
Department of Transportation. 

Referred to Transportation Committee. 

By Senator Harris: 

S.B. 564, a bill to amend the vital records law to ensure the integrity of all vital re- 
cords. 

Referred to Judiciary I Committee. 

By Senators Lee and Walker: 

S.B. 565, a bill to appropriate funds for a recording studio in the Town of Chapel Hill 
where books can be recorded for the blind. 

Referred to Capital Expenditures Committee. 

By Senator Winner of Buncombe: 

S.B. 566, a bill to conform North Carolina inheritance and gift tax provisions to 
federal estate and gift tax provisions regarding qualified terminable interest property. 
Referred to Finance Committee. 

By Senators Lee and Walker: 

S.B. 567, a bill to appropriate funds for the construction of a new farmers' market in 
the Town of Carrboro. 

Referred to Capital Expenditures Committee. 

By Senator Winner of Mecklenburg: 

S.B. 568, a bill to amend the law regarding the definition of "neglected" juvenile. 

Referred to Judiciary I Committee. 

By Senator Winner of Mecklenburg: 

S.B. 569, a bill to clarify the rule-making authority of the Medical Care Commission 
for nursing home regulation. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 



March 25, 1993 



1993] SENATE JOURNAL 187 

By Senators Tally, Gulley, Ward, Winner of Mecklenburg, Odom, Blackmon, 
Cochrane, and Kerr: 

S.B. 570, a bill to amend the Sedimentation Pollution Control Act of 1973 to make it 
more effective. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Tally, Ward, Gulley, Winner of Mecklenburg, Odom, Blackmon, 
Cochrane, and Kerr: 

S.B. 571, a bill to amend the Dam Safety Law of 1967 to make it more effective. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Odom, Plyler, Richardson, Daniel, Plexico, Ward, Jordan, Marshall, 
Folger, Blackmon, Ballance, Perdue, Parnell, Seymour, Hartsell, Walker, Harris, 
Speed, Carpenter, Winner of Mecklenburg, Allran, Gulley, Cooper, Soles, Lee, 
Edwards, Hyde, Johnson, Tally, Albertson, Winner of Buncombe, Shaw, Martin of 
Pitt, Hoyle, Martin of Guilford, Hunt, Conder, Forrester, Gunter, Cochrane, Smith, 
Codington, Sands, Warren, Kerr, Kincaid, Simpson, and Basnight: 

S.B. 572, a bill to promote markets for recyclables and to promote waste reduction by 
the State by requiring reports published by the State to meet certain standards as to 
composition, by limiting the distribution of State reports, and by encouraging commu- 
nity colleges and nonprofit corporations that receive State funds to prepare reports 
according to these standards. 

Referred to State Personnel and State Government Committee. 

By Senators Odom and Hartsell: 

S.B. 573, a bill to appropriate funds to the Department of Community Colleges for the 
diploma nursing program. 

Referred to Appropriations Committee. 

By Senator Odom: 

S.B. 574, a bill to amend the Statutes relating to insurance premium financing. 

Referred to Insurance Committee. 

By Senator Conder: 

S.B. 575, a bill to require the payment of outstanding fines as a condition of license 
renewal for domiciliary care facilities and nursing facilities. 

Referred to Children and Human Resources Committee. 

By Senators Hoyle and Martin of Pitt: 

S.B. 576, a bill to repeal the law exempting the Division of Youth Services' 
Vocational Teachers from the educational requirements of criminal justice certification. 
Referred to Education/Higher Education Committee. 

By Senators Hoyle and Martin of Pitt: 

S.B. 577, a bill to delete the requirement that the State Board of Education inspect 
activity buses owned by local school administrative units. 
Referred to Education/Higher Education Committee. 

By Senators Hoyle and Martin of Pitt: 

S.B. 578, a bill to increase the maximum speed for school buses to forty-five miles per 
hour. 

Referred to Judiciary I Committee. 

By Senators Seymour and Smith: 

S.B. 579, a bill to improve the financial monitoring and regulation of employers that 
self-insure their workers' compensation liabilities. 
Referred to Insurance Committee. 



March 25, 1993 



188 SENATE JOURNAL [Session 

By Senator Seymour: 

S.B. 580, a bill to establish the percentage rate for the insurance regulatory charge for 
taxable year 1993 and to make corresponding amendments to the Department of 
Insurance and Consumer Protection Funds. 

Referred to Insurance Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Warren, Ballance, and Marshall: 

S.B. 581 , a bill to provide hospital- and home-based instructional services to children 
other than children with special needs and to appropriate funds for that purpose. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Hartsell, Soles, and Simpson: 

S. B. 582, a bill to amend the North Carolina Business Corporation Act and to amend 
G.S. 54-139 relating to foreign cooperative corporations as recommended by the 
General Statutes Commission. 

Referred to Judiciary II Committee. 

By Senators Sands, Lee, Kaplan, Daniel, Odom, Plexico, Soles, Seymour, Walker, 
and Allran: 

S.B. 583, a bill to assure standard infection control procedures regarding the 
infectious diseases that can be transmitted through the fabrication of dental prosthetic 
appliances by requiring the licensure of commercial dental laboratories and the 
registration of dental laboratory technicians. 

Pursuant to G.S. 120-149, the bill is not read a first time and is ordered held in the 
Office of the Principal Clerk for a New Licensing Report. 

By Senator Hartsell: 

S.B. 584 , a bill to provide fees to be charged by the Secretary of State under the revised 
Nonprofit Corporation Act as recommended by the General Statutes Commission. 
Referred to Finance Committee. 

By Senators Hartsell and Soles: 

S.B. 585, a bill to rewrite Chapter 55A of the General Statutes relating to nonprofit 
corporations as recommended by the General Statutes Commission. 
Referred to Judiciary II Committee. 



RE-REFERRALS 

S.B. 399, a bill to establish a State Ethics Commission, to establish ethical standards 
for public officers and public employees, to require public disclosure of economic 
interests, to make conforming changes, to make an appropriation therefor, and to make 
permanent the requirement that nonprofit entities receiving State funds adopt a conflicts 
of interest policy, referred to Rules and Operation of the Senate Committee on 
February 24. 

Senator Sands offers a motion that the rules be suspended and the bill be taken from 
the Rules and Operation of the Senate Committee and re-referred to the 
Judiciary II Committee, which motion prevails with unanimous consent. 

The Chair orders the bill re-referred to the Judiciary II Committee. 

S.B. 398, a bill to require lobbyists of the Executive Branch of State Government to 
register and file expense reports with the Secretary of State, to make other clarifying 
amendments to the lobbying law, and to make an appropriation therefor, referred to 
Rules and Operation of the Senate Committee on February 24. 



March 25, 1993 



1993] SENATE JOURNAL 189 

Senator Sands offers a motion that the rules be suspended and the bill be taken from 
the Rules and Operation of the Senate Committee and re-referred to the 
Judiciary II Committee, which motion prevails with unanimous consent. 

The Chair orders the bill re-referred to the Judiciary II Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

H . B . 115 (Committee Substitute) , a bill to make note taking by jurors a discretionary 
decision of the presiding judge. 

Referred to Judiciary I Committee. 

H.B. 116 (Committee Substitute) , a bill to permit the trial judge to allow jurors to take 
exhibits and writings into the jury room without the parties' consent. 
Referred to Judiciary I Committee. 

H.B. 198, a bill to allow Albert A. Bell and Lilly K. Bell to convey certain property to 
the City of New Bern. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 380 , a bill to authorize the Board of Adjustment of the City of New Bern to make 
decisions under the City's unified development ordinance by a concurring three-fifths 
majority vote. 

Referred to Local Government and Regional Affairs Committee. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 440, a joint resolution inviting the Honorable James G. Exum, Jr., Chief 
Justice of the Supreme Court, to address a joint session of the House of Representatives 
and the Senate. 

Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 59 (Committee Substitute), a bill to prohibit the disposal of certain classes of 
recyclable solid waste in landfills or by incineration. 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 110, a bill to allow local school boards to request waivers for central office staff 
as provided by the School Improvement and Accountability Act. 

The bill passes its second (45-1) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 159 (Committee Substitute), a bill to prohibit delivery of non-tax-paid special 
fuel into the supply tank of a motor vehicle and acquisition of non-tax-paid special fuel 
for use in a motor vehicle. 

The Committee Substitute bill passes its second (46-1) and third readings and is 
ordered sent to the House of Representatives. 



March 25, 1993 



190 SENATE JOURNAL [Session 

REPORT TO GENERAL ASSEMBLY 

An Agency directed to report to the General Assembly submits a report 
(see Addendum) which is ordered placed on file in the Legislative Library, as follows: 

The North Carolina Department of Revenue submits its February Comparative 
Statements of Net Collections for the months of February 1993 and 1992. 

Senator Soles, seconded by Senator Sands, offers a motion that the Senate adjourn at 
2:00 P.M. to meet Monday, March 29, at 8:00 P.M., which motions they subsequently 
withdraw. 

WITHDRAWAL FROM COMMITTEE 

H.B. 87 (Committee Substitute) , a bill to provide for limited leave with pay for State 
employees who are certified disaster volunteers, referred to Appropriations 
Committee on March 18. 

Senator Plyler offers a motion that the rules be suspended and the Committee 
Substitute bill be taken from the Appropriations Committee and placed on the 
Calendar for Monday, March 29, which motion he subsequently withdraws. 

On motion of Senator Soles, seconded by Senator Sands, the Senate adjourns at 
2:03 P.M. to meet Monday, March 29, at 8:00 P.M. 



THIRTY-SIXTH DAY 

Senate Chamber, 
Monday, March 29, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, as the Senators and staff begin yet another week of meetings and 
legislative decision-making, they might well ask, like the preacher in the Book of 
Ecclesiastes, 'What does a person gain by all the toil at which one toils under the sun? ' 

"May they be given renewed energy at the outset of this week's work by the under- 
standing that what they are doing is done because it is their call from You and because the 
State of North Carolina needs it done. 

"We pray that as a result of this kind of attitude they will enjoy their work and that their 
tasks will put them in closer touch with You so that what they gain may be in harmony 
with their own souls. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
March 25, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

A leave of absence granted previously to Senator Winner of Buncombe for tonight, 
Monday, March 29, is noted. 

The Chair grants courtesies of the floor to Thomas F. Taft, former Senator from Pitt 
County. 



March 29, 1993 



1993] SENATE JOURNAL 191 

The Chair extends courtesies of the gallery, upon motion of Senator Gunter, to the 
Cary High School Women's Basketball 1993 4A Championship Team: Karen Curtis, 
Heather Early, Anna Evenhouse, Sara McEwen, Sheila Best, Kim Johnson, Shankey 
Thomas, Angela Warren, Natalie Card, Jamie Roberson, Joy Pearsall, and Coach 
Debbie Edwards. 



ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the Office of the Secretary of State: 

S.B. 335, an act to exempt Richmond County from seeking five prospective buyers 
before it transfers Richmond Memorial Hospital to Richmond Memorial Hospital, a 
nonprofit corporation. (Ch. 10) 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Walker for the Children and Human Resources Committee. 

S.B. 496, a bill to implement a recommendation of the Child Fatality Task Force to 
require the Division of Social Services convene a committee to develop a child medical 
and mental health evaluation plan, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill. 

On motion of Senator Walker, the rules are suspended, and the proposed Committee 
Substitute bill 3580, which changes the title to read S.B. 496 (Committee Substitute) , a 
bill to implement a recommendation of the Child Fatality Task Force to establish an 
interagency committee to develop a child medical and mental health evaluation plan, is 
placed before the Senate for immediate consideration. 

On motion of Senator Walker, the proposed Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for tomorrow, Tuesday, March 30, for 
further consideration. 



INTRODUCTION OF BILLS AND RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senator Seymour: 

S.B. 586, a bill to make technical amendments, clarifications, and corrections in 
various insurance and insurance-related laws. 
Referred to Insurance Committee. 

By Senator Simpson: 

S.B. 587, a bill to require employers to post notice at its places of employment 
indicating the employer's ability to pay benefits pursuant to the Workers' Compensation 
Act. 

Referred to Manufacturing and Labor Committee. 

By Senator Simpson: 

S.B. 588, a bill to require that nursing homes and domiciliary care facilities be 
charged for certain non-emergency medical services calls. 

Referred to Children and Human Resources Committee. 



March 29, 1993 



192 SENATE JOURNAL [Session 

By Senators Albertson and Jordan: 

S. B. 589, a bill to make changes to the mandatory hunter safety course requirement to 
clarify its applicability and use. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senator Albertson: 

S.B. 590, a bill to add to the authorized uses of designated boating funds by the 
Wildlife Resources Commission and to increase fees for boat certificates of number. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and 
upon a favorable report, re-referred to the Finance Committee. 

By Senator Albertson: 

S.B. 591, a bill to restructure the hunting and fishing license schedule to more clearly 
define license requirements, to provide for twelve-month hunting and fishing licenses, to 
establish short-term and season nonresident licenses for hunting game, and to provide 
for a free fishing day. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and 
upon a favorable report, re-referred to the Finance Committee. 

By Senator Walker: 

S.B. 592, a bill to amend the General Statutes pertaining to public health remedies. 
Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Walker, Richardson, Forrester, and Plexico: 

S.B. 593, a bill to improve enforcement of the child day care requirements. 

Referred to Children and Human Resources Committee. 

By Senators Walker and Lee: 

S.J.R. 594, a joint resolution supporting the establishment of the North Carolina 
Center for the Book. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Walker: 

S.B. 595, a bill to clarify the requirements for registration as a sanitarian. 

Referred to Environment and Natural Resources Committee. 

By Senators Walker and Smith: 

S.B. 596, a bill to appropriate funds to the Department of Cultural Resources to 
provide grants to public libraries for construction and renovations. 
Referred to Capital Expenditures Committee. 

By Senator Walker: 

S.B. 597, a bill to clarify the food and lodging sanitation law, to amend the scope of 
sanitation inspections of local confinement facilities, and to repeal the requirement that 
principals conduct sanitation inspections. 

Referred to Environment and Natural Resources Committee. 

By Senator Walker: 

S.B. 598, a bill to allow health care facilities to furnish public health authorities with 
patient records under certain circumstances. 
Referred to Judiciary II Committee. 

By Senators Walker and Forrester: 

S.B. 599, a bill recommended by the Mental Health Study Commission to incorporate 
into the General Statutes the funding policies and procedures adopted by the General 
Assembly as the "Pioneer Funding System" and implemented through a phase-in 



March 29, 1993 



1993] SENATE JOURNAL 193 

schedule in the forty-one area mental health, developmental disabilities, and substance 
abuse authorities. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Johnson: 

S. B. 600, a bill to amend the Legislative Retirement System, the Local Governmental 
Employees' Retirement System, the Teachers' and State Employees' Retirement 
System, and the Consolidated Judicial Retirement System to comply with the Internal 
Revenue Code. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Johnson: 

S.B. 601, a bill to amend the Disability Income Plan of North Carolina to pay 
attorneys' fees on account of social security awards, to repeal the benefit reduction on 
account of social security cost-of-living adjustments, to establish deadlines for making 
application for benefits and to make technical changes. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Judiciary II Committee and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senator Johnson: 

S.B. 602, a bill to provide group health insurance to businesses comprising more than 
twenty-five employees; to make improvements in the North Carolina Small Employer 
Group Health Coverage Reform Act; and to provide for uniform claim forms for health 
benefit plans. 

Referred to Insurance Committee. 

By Senator Johnson: 

S.B. 603, a bill to make substantive changes in various insurance and insurance- 
related laws. 

Referred to Insurance Committee. 

By Senator Johnson: 

S.B. 604, a bill to designate the Office of Administrative Hearings as the deferral 
agency for cases under the Americans with Disabilities Act. 
Referred to Judiciary II Committee. 

By Senator Seymour: 

S.B. 605, a bill to establish a funding formula and a selection process for the inclusion 
of works of art in State buildings. 

Referred to State Personnel and State Government Committee and upon a 
favorable report, re-referred to the Capital Expenditures Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Seymour: 

S.B. 606, a bill to improve the laws relating to North Carolina's monitoring of 
insurance company finances and the preservation of insurance company solvency and to 
maintain North Carolina's accreditation by the National Association of Insurance 
Commissioners. 

Referred to Insurance Committee and upon a favorable report, re-referred to the 
Appropriations Committee and upon a favorable report, re-referred to the 
Finance Committee. 



March 29, 1993 



194 SENATE JOURNAL [Session 

By Senators Hartsell, Seymour, Marshall, Plexico, Hunt, Cochrane, Richardson, 
Allran, and Codington: 

S.B. 607, a bill to rewrite Chapter 48 of the General Statutes relating to adoption as 
recommended by the General Statutes Commission. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Hartsell, Johnson, and Simpson: 

S.B. 608, a bill to implement a recommendation of the General Statutes Commission 
to enact the Uniform Statutory Rule Against Perpetuities. 
Referred to Judiciary I Committee. 

By Senators Hartsell, Simpson, and Johnson: 

S.B. 609, a bill to implement a recommendation of the General Statutes Commission 
to place time limits on options in gross and other interest in land. 
Referred to Judiciary I Committee. 

By Senator Hartsell: 

S.B. 610, a bill to implement a recommendation of the General Statutes Commission 
to authorize honorary trusts, trusts for pets, and trusts for cemetery lots. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Judiciary II Committee. 

By Senator Hartsell: 

S.B. 611, a bill to provide the same confidentiality of personnel records of water and 
sewer authorities as are provided those of cities, counties, and other units of local 
government. 

Referred to Judiciary II Committee. 

By Senator Hartsell: 

S.B. 612, a bill to increase the maximum compensation for members of water and 
sewer authorities. 

Referred to Appropriations Committee. 

By Senators Richardson, Odom, and Winner of Mecklenburg: 
S.B. 613, a bill to change the manner of election of the Charlotte-Mecklenburg Board 
of Education and the Mecklenburg County Board of Commissioners. 
Referred to Constitution and Election Laws Committee. 

By Senator Richardson: 

S.B. 614, a bill to appropriate funds to implement salary adjustments for nurses 
employed at Department of Human Resources institutions. 
Referred to Appropriations Committee. 

By Senators Odom, Winner of Mecklenburg, Blackmon, and Richardson: 

S.B. 615, a bill to make the effective date of the law increasing death benefits for 

teachers and State employees the date of ratification of that Act. 

Referred to Pensions and Retirement Committee and upon a favorable report, 

re-referred to the Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 616, a bill to increase the examination fee and the fees for annual renewals of all 
types of licenses for general contractors. 
Referred to Finance Committee. 

By Senators Seymour, Sherron, Hartsell, Daniel, Plexico, Warren, Hoyle, 
Cochrane, Richardson, and Smith: 

S.B. 617, a bill to regulate the practice of home inspections. 

Pursuant to G.S. 120-149, the bill is ordered held in the Office of the Principal Clerk 
for a New Licensing Report. 



March 29, 1993 



1993] SENATE JOURNAL 195 

By Senators Tally, Plexico, Gulley, and Winner of Mecklenburg: 

S.B. 618, a bill to designate expert witnesses within the Department of Labor for 

purposes of third-party litigation. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 

Finance Committee. 

By Senator Cooper: 

S.B. 619, a bill to allow Nash County to take into consideration prospective revenues 
generated by a development in arriving at the amount of consideration for an economic 
development conveyance. 

Referred to Economic Development Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senators Speed, Albertson, Warren, Kerr, Plexico, and Soles: 

S.B. 620, a bill to provide increased apicultural support at North Carolina State 

University and increased apicultural inspection services at the North Carolina 

Department of Agriculture. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and 

upon a favorable report, re-referred to the Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 621, a bill to authorize fees for registrants under the Controlled Substances Act. 
Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senator Johnson: 

S.B. 622, a bill to make miscellaneous amendments to laws governing health 
insurance. 

Referred to Insurance Committee. 

By Senator Johnson: 

S.B. 623, a bill to make improvements in the laws governing health maintenance 
organizations. 

Referred to Insurance Committee. 

By Senators Kerr and Tally: 

S.B. 624, a bill to increase the effectiveness of public participation in and 
enforcement of the Mining Act of 1971. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report, re-referred to the Judiciary II Committee. 

By Senator Lee: 

S.B. 625, a bill to amend the General Statutes in order to allow full implementation of 
the flexible funding and alternative uses authorized under the Federal Intermodal Surface 
Transportation Efficiency Act of 1991. 

Referred to Transportation Committee and upon a favorable report, re-referred 
to the Appropriations Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

H.B. 120 (Committee Substitute), a bill to amend the open meetings law and to 
amend the public records law as it relates to the Hospital Licensure Act. 
Referred to Judiciary II Committee. 



March 29, 1993 



196 SENATE JOURNAL [Session 

H. B. 194 (Committee Substitute) , a bill to authorize a study of the administration of 
the State's flexible compensation program for State employees. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 389, a bill to amend Chapter 1073 of the 1959 Session Laws to provide that the 
Sheriff issue Mitchell County weapon permits. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 407, a bill to provide that the organizational meeting for Board of County 
Commissioners in the year of their election shall take place on the date their term starts. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 411, a bill to amend Chapter 1073 of the 1959 Session Laws to provide that the 
Sheriff issue Perquimans County weapon permits. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 412, a bill to change the method of electing the Perquimans County Board of 
Education to improve the opportunity for minority citizens to elect candidates of their 
choice. 

Referred to Education/Higher Education Committee. 

H.B. 413, a bill to change the method of electing the Perquimans County Board of 
Commissioners to improve the opportunity for minority citizens to elect candidates of 
their choice. 

Referred to Local Government and Regional Affairs Committee. 



CALENDAR 

A bill on the Calendar is taken up and disposed of, as follows: 

S.B. 447, a bill to provide for the transfer of funds from the City of Mount Airy's 
retirement plan to the Local Governmental Employees' Retirement System. 

The bill passes its second (47-0) and third readings and is ordered sent to the House of 
Representatives. 

The President recognizes the following pages serving in the Senate this week: Leslie 
Elaine Bradbury, Southern Pines; Lance Thomas Bradner, Yancey ville; Emily Davis, 
Burlington; Blair Jarvis, Hatteras; Litisha Monique Jones, Wake Forest; Chris Lam, 
Southern Pines; Jeremy Tyler Lingenfelser, Selma; Randolph L. Luddy, Raleigh; 
Katrina LaChelle Madden, Yanceyville; Jeffrey LeRoy Moonie, Jr., Charlotte; Jeffrey 
N. Page, Clayton; Laura W. Romer, Burlington; Jeffrey Elijah Tillitt, Louisburg; Jeff 
Vance, Graham; Sara Emily Whitford, Raleigh; and Ryan Scott Willis, Edenton. 

On motion of Senator Basnight, seconded by Senator Marshall, the Senate adjourns at 
8:32 P.M. to meet tomorrow, Tuesday, March 30, at 1:30 P.M. 



THIRTY-SEVENTH DAY 

Senate Chamber, 
Tuesday, March 30, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 



March 30, 1993 



1993] SENATE JOURNAL 197 

Prayer is offered by Dr. Jerry E. McGee, President, Wingate College, as follows: 

"Almighty God, in these quiet moments before the North Carolina Senate begins its 
important and historic work, we ask Thy divine guidance on these deliberations. We 
thank You for these special men and women who give so unselfishly of themselves. Help 
us, the citizens of North Carolina, to uplift and support them in every possible way. 

"We acknowledge that the responsibilities of these Your children are indeed awesome. 
We pray that each elected official here will be given the wisdom, strength, sensitivity and 
moral conviction to make decisions beneficial to present and future generations of North 
Carolina citizens. Give them fidelity for the day that is past, patience and insight for the 
day that is present, and the spirit of prophecy to foresee the day that is to come. 

"We humbly express our appreciation for the great blessing of living in a State where 
people care so genuinely for one another. Teach us how to love and encourage one 
another and to do Thy will in all that we are called upon to do. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, March 29, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

ENROLLED BILL 

The Enrolling Clerk reports the following resolution properly enrolled, and they are 
duly ratified and sent to the Office of the Secretary of State: 

S.J.R. 68, a joint resolution honoring the late United States Supreme Court Justice, 
Thurgood Marshall. (Res. 5) 



REPORTS OF COMMITTEES 

A bill and a resolution are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows : 

By Senator Sands for the Rules and Operation of the Senate Committee: 

H.J.R. 440, a joint resolution inviting the Honorable James G. Exum, Jr., Chief 
Justice of the Supreme Court, to address a joint session of the House of Representatives 
and the Senate, with an unfavorable report as to joint resolution, but favorable as to 
Senate Committee Substitute joint resolution. 

On motion of Senator Sands, the rules are suspended, and the proposed Committee 
Substitute joint resolution 5093 is placed before the Senate for immediate consideration 
and on his further motion is adopted. 

On motion of Senator Sands, the Committee Substitute joint resolution remains before 
the Senate for immediate consideration upon its passage, and on his further motion the 
measure is read in its entirety. 

The Committee Substitute joint resolution passes its second (39-0) and third readings 
and is ordered, without objection, on motion of Senator Sands, sent to the House of 
Representatives, for concurrence in the Senate Committee Substitute joint resolution by 
special messenger. 

By Senator Johnson for the State Personnel and State Government 
Committee: 

H.B. 101 (Committee Substitute) , a bill to expand the current energy policy for State 
government to apply to the construction, operation, and renovation of State facilities and 
state-assisted facilities and to the purchase, operation, and maintenance of equipment 



March 30, 1993 



198 SENATE JOURNAL [Session 

for such facilities, with an unfavorable report as to Committee Substitute bill, but 
favorable as to Senate Committee Substitute bill. 

On motion of Senator Johnson, the rules are suspended, and the proposed Senate 
Committee Substitute bill 3079, which changes the title, upon concurrence, to read 
H.B. 101 (Senate Committee Substitute), a bill to expand the current energy policy for 
State government to apply to the construction, operation, and renovation of State 
facilities and to the purchase, operation, and maintenance of equipment for such 
facilities, is placed before the Senate for immediate consideration. 

On motion of Senator Johnson, the proposed Senate Committee Substitute bill is 
adopted, and on his further motion is placed on the Calendar for tomorrow, March 31, 
for further consideration. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Seymour: 

S. B. 626, a bill to adopt the model act of the National Association of Insurance Com- 
missioners for risk-based capital requirements for life and health insurance companies. 
Referred to Insurance Committee. 

By Senator Johnson: 

S.B. 627, a bill to provide for the licensing and regulation of preferred provider 
organizations, exclusive provider panels, and other managed care operations. 

Pursuant to G. S. 120-149 , the bill is ordered held as filed in the Office of the Principal 
Clerk for a New Licensing Report. 

By Senators Plyler, Conder, Daniel, Odom, and Plexico: 

S.B. 628, a bill to prohibit the sale or other transfer of a crossbow or the bolts used 
with the crossbow unless the purchaser has a permit for the weapon. 
Referred to Judiciary I Committee. 

By Senator Hunt: 

S.B. 629, a bill to make changes in the General Statutes relating to certified public 
accountants. 

Referred to Judiciary II Committee. 

By Senators Conder and Gunter: 

S.B. 630 , a bill to permit recipients of teaching fellows scholarship loans to repay their 
commitment to the State by teaching for three consecutive years in school systems 
located in low-wealth counties. 

Referred to Education/ Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Cooper and Gunter: 

S.B. 631, a bill to amend the North Carolina Practicing Psychologist Licensing Act. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Judiciary II Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senator Walker: 

S.B. 632, a bill to implement the requirements of the 1990 amendments to the Federal 
Clean Air Act, to repeal the expiration of a portion of the per gallon fuel tax, and to 
dedicate a portion of the proceeds of the tax to implement the 1990 amendments to the 
Federal Clean Air Act. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report, re-referred to the Finance Committee. 



March 30, 1993 



1993] SENATE JOURNAL 199 

By Senator Smith: 

S.B. 633, a bill to provide for staggered terms for members of the Parole Commission. 

Referred to Judiciary I Committee. 

By Senator Sands: 

S.B. 634, a bill to clarify the authority of local governments to collect regulatory fees. 
Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Jordan, Warren, and Kerr: 

S.B. 635, a bill to exempt the City of Kinston from Article 12, Chapter 160A of the 
General Statutes in the sale or lease of certain surplus real property to Adkin High School 
Alumni & Friends, Inc., a North Carolina nonprofit corporation. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Allran: 

S.B. 636, a bill to clarify the limitations on fund-raising during legislative sessions. 

Referred to Judiciary II Committee. 

REPORTS OF COMMITTEE (Continued) 

A select committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Martin of Guilford for the Government Performance Audit Select 
Committee: 

S.B. 172, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate Highway Division equipment operations supervisors, with 
a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 173, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate the "District" layer of management within the Division 
Highway maintenance sections, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 174, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate eighty-five positions in the Department of Transportation, 
with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 175, a bill to implement a recommendation of the Government Performance 
Audit Committee to close Division of Motor Vehicles field offices that process fewer than 
the State average of drivers license applications and to increase overall productivity of the 
remaining offices, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 176, a bill to implement a recommendation of the Government Performance 
Audit Committee that the Department of Transportation maintain its current mainte- 
nance staffing and accomplish the increased maintenance program work load through 
expanded use of outside contract forces, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 



March 30, 1993 



200 SENATE JOURNAL [Session 

S.B. 177, a bill to implement a recommendation of the Government Performance 
Audit Committee to provide that additional construction staffing needs of the Highway 
Trust Fund program be met in part by increasing the proportion of outside contract 
forces, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 178, a bill to implement a recommendation of the Government Performance 
Audit Committee to limit the size of the preconstruction units and to use private engineer- 
ing firms to handle more of the Highway Trust Fund preconstruction work load, with a 
favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 179, a bill to implement a recommendation of the Government Performance 
Audit Committee to privatize the Raleigh and Charlotte State-run vehicle registration 
offices, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 348, a bill to implement a recommendation of the Government Performance 
Audit Committee to strengthen the internal audit function of the Department of Public 
Instruction, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 349, a bill to implement a recommendation of the Government Performance 
Audit Committee to modify the teacher certification system to improve information need- 
ed for staff management, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 350, a bill to implement a recommendation of the Government Performance 
Audit Committee to process applications for teacher certification only for individuals 
who have jobs or job offers from schools located in North Carolina, with a favorable 
report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 370, a bill to implement a recommendation of the Government Performance 
Audit Committee to reorganize the Department of Public Instruction into three major 
functions to provide improved coordination and service delivery, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 371, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate underutilized positions in the Department of Public 
Instruction, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 372, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate excess layers of management to reduce narrow spans of 
control in the management of the Department of Public Instruction, with a favorable 
report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 373, a bill to implement a recommendation of the Government Performance 
Audit Committee to reward teachers for taking courses in their content area, with a 
favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 



March 30, 1993 



1993] SENATE JOURNAL 201 

S.B. 374, a bill to implement a recommendation of the Government Performance 
Audit Committee to reward teachers for taking courses in their content area, with a 
favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 375, a bill to implement a recommendation of the Government Performance 
Audit Committee to reward teachers for taking courses in their content area, with a 
favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 376, a bill to implement a recommendation of the Government Performance 
Audit Committee to require teachers to take courses in their content area, with a 
favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 377, a bill to implement a recommendation of the Government Performance 
Audit Committee to continue to fund the Basic Education Program, as scheduled, for 
teachers and instructional support personnel and to redirect the remainder of the funds, 
with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 378, a bill to implement a recommendation of the Government Performance 
Audit Committee to consolidate the activities of the Department of Public Instruction's 
Technical Assistance Centers, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 379, a bill to implement a recommendation of the Government Performance 
Audit Committee to make local school administrative units accountable for performance 
by linking funding to performance, with a favorable report, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 380, a bill to implement a recommendation of the Government Performance 
Audit Committee to improve efficiency in school operations by simplifying funding 
formulas and empowering local school administrative units to manage for results, with a 
favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 384, a bill to implement a recommendation of the Government Performance 
Audit Committee to help schools implement the Performance-based Accountability 
Program and end-of-course and end-of-grade testing, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 409, a bill to implement a recommendation of the Government Performance 
Audit Committee to restructure the Department of Public Instruction staff development 
unit to coordinate all staff development activities for all divisions of the department, with 
a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 414, a bill to implement a recommendation of the Government Performance 
Audit Committee to reduce the number of clerical positions in the Department of Public 
Instruction and to adopt a clerical to professional position ratio for the Department, with 
a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 200, a bill to implement a recommendation of the Government Performance 
Audit Committee to enhance the Medicaid budget projection methodology by building a 
consensus among agency and legislative staff, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 



March 30, 1993 



202 SENATE JOURNAL [Session 

S.B. 201, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish a policy of developing more creative and prioritized 
strategies for controlling Medicaid expenditures, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 202, a bill to implement a recommendation of the Government Performance 
Audit Committee to implement alternative Medicaid purchasing approaches for 
prescription drugs, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 203, a bill to implement a recommendation of the Government Performance 
Audit Committee to freeze the Medicaid prescription drug dispensing fee for the 1993-95 
biennium, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 206, a bill to implement a recommendation of the Government Performance 
Audit Committee to place a moratorium on new certificates of need for intermediate care 
facilities for the mentally retarded, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 208, a bill to implement a recommendation of the Government Performance 
Audit Committee to implement a Diagnosis-Related Groups (DRG) -based Medicaid 
reimbursement system, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 209, a bill to implement a recommendation of the Government Performance 
Audit Committee to implement a prospective, case-mix methodology for Medicaid 
reimbursement for intermediate care facilities for the mentally retarded, with a favorable 
report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 211, a bill to implement a recommendation of the Government Performance 
Audit Committee to expand the use of Medicaid managed care options, with a favorable 
report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 212, a bill to implement a recommendation of the Government Performance 
Audit Committee to impose copayments for inpatient hospital and other services for 
Medicaid recipients, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 213, a bill to implement a recommendation of the Government Performance 
Audit Committee to implement a prospective peer-grouped, case mix-based Medicaid 
payment methodology for nursing homes, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 214, a bill to move towards a "bundled" prospective Medicaid payment 
methodology for outpatient hospital service, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 



March 30, 1993 



1993] SENATE JOURNAL 203 

S.B. 362, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish a cap on indirect care efficiency Medicaid payments for 
nursing homes, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 363, a bill to implement a recommendation of the Government Performance 
Audit Committee to implement certain selective contracting programs for Medicaid, with 
a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 364, a bill to implement a recommendation of the Government Performance 
Audit Committee to develop a plan to replace the current Medicaid Management 
Information System (MMIS), with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 365, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate the Medicaid return-on-equity payments to nursing 
homes, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 280, a bill to implement a recommendation of the Government Performance 
Audit Committee to require a plan to reduce the people served in the State's mental 
retardation centers, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 281, a bill to implement a recommendation of the Government Performance 
Audit Committee to develop a multiyear pilot program to implement a single stream of 
funding system for the State's mental hospitals, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 282, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish a policy to increase the use of community-based programs 
for the developmentally disabled and to downsize State-operated mental retardation 
centers, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 283, a bill to implement a recommendation of the Government Performance 
Audit Committee to require a plan to replace the State's mental health hospitals with 
downsized, more efficient hospitals, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 284, a bill to implement a recommendation of the Government Performance 
Audit Committee to develop a multiyear pilot program to implement a single stream of 
funding for the State's Alcohol Drug Abuse Treatment Centers (ADATC'S), with a 
favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 295, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate twenty positions in the Office of the Secretary of the 
Department of Human Resources and to streamline the office further, with a favorable 
report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 



March 30, 1993 



204 SENATE JOURNAL [Session 

S.B. 313, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate certain Assistant Secretary positions in the Department of 
Human Resources, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 356, a bill to implement a recommendation of the Government Performance 
Audit Committee to decentralize certain program functions located in the Office of the 
Secretary of the Department of Human Resources, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 357, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate thirty-eight FTE positions in the Department of Human 
Resources that involve excess layers of management, excessively narrow spans of 
control, overlapping functions, and unnecessary positions, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 358, a bill to implement a recommendation of the Government Performance 
Audit Committee to develop a comprehensive needs assessment for all people with 
developmental disabilities, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 359, a bill to implement a recommendation of the Government Performance 
Audit Committee to expand the Medicaid Home- and Community-Based Waiver and to 
increase family support programs for people with disabilities, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 



RE-REFERRAL 

S.B. 388, a bill to implement a recommendation of the Government Performance 
Audit Committee to amend the Constitution to change the State Board of Education 
appointment process and to authorize the State Board of Education to appoint the State 
Superintendent of Public Instruction, referred to Government Performance Audit 
Select Committee on February 24. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Government Performance Audit Select Committee and 
re-referred to the Education/Higher Education Committee, which motion 
prevails with unanimous consent. 

The Chair orders the bill re-referred to the Education/ Higher Education 
Committee. 



CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 155, a bill to make technical and conforming changes to the revenue laws and 
related statute, upon second reading. 

On motion of Senator Winner of Buncombe, Committee Amendment No. 1 is 
adopted. 

Senator Winner of Buncombe rises to a point of order as to Amendment No. 1 being a 
material amendment. The Chair rules Amendment No. 1 is material and adoption 
constitutes the first reading of the measure. The bill, as amended, is placed on the 
Calendar for tomorrow, Wednesday, March 31, for further consideration upon second 
reading. 



March 30, 1993 



1993] SENATE JOURNAL 205 

H.B. 81, a bill to update the reference to the Internal Revenue Code used to 
determine certain taxable income and tax exemptions, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Blackmon, 
Carpenter, Cochrane, Codington, Conder, Cooper, Daniel, Edwards, Folger, 
Forrester, Gulley, Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, 
Kaplan, Kerr, Lee, Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, 
Perdue, Plexico, Plyler, Richardson, Sands, Seymour, Shaw, Sherron, Simpson, 
Smith, Soles, Speed, Tally, Walker, Ward, Warren, Winner of Buncombe, and 
Winner of Mecklenburg — 48. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, Wednesday, March 31, for 
further consideration upon third reading. 

S.B. 128 (Committee Substitute), a bill to exempt certain transfers of vehicles from 
the highway use tax, to reimburse the Highway Trust Fund for revenue that would other- 
wise be lost as a result of the exemptions, and to increase revenues to provide funds to 
make the reimbursement. 

The Chair rules the Committee Substitute bill requires a call of the roll. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 47, 
noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Blackmon, 
Carpenter, Cochrane, Codington, Conder, Cooper, Daniel, Edwards, Folger, 
Forrester, Gulley, Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, 
Kaplan, Kerr, Lee, Marshall, Martin of Pitt, Odom, Parnell, Perdue, Plexico, Plyler, 
Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, 
Walker, Ward, Warren, Winner of Buncombe, and Winner of Mecklenburg — 47. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
Wednesday, March 31, for further consideration upon third reading. 

S.B. 496 (Committee Substitute) , a bill to implement a recommendation of the Child 
Fatality Task Force to establish an interagency committee to develop a child medical and 
mental health evaluation plan. 

On motion of Senator Cooper, consideration of the Committee Substitute bill is post- 
poned until tomorrow, Wednesday, March 31. 

H.B. 35 (Committee Substitute), a bill to change the membership of the Agriculture 
and Forestry Awareness Study Commission. 

On motion of Senator Plyler, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

RE-REFERRALS 

S.B. 608, a bill to implement a recommendation of the General Statutes Commission 
to enact the Uniform Statutory Rule Against Perpetuities, referred to Judiciary I 
Committee on March 29. 

Senator Ballance offers a motion that the rules be suspended and the bill be taken from 
the Judiciary I Committee and re-referred to the Judiciary II Committee, which 
motion prevails. 

The Chair orders the bill re-referred to the Judiciary II Committee. 

S.B. 609, a bill to implement a recommendation of the General Statutes Commission 
to place time limits on options in gross and other interest in land, referred to Judiciary I 
Committee on March 29. 

Senator Ballance offers a motion that the rules be suspended and the bill be taken from 
the Judiciary I Committee and re-referred to the Judiciary II Committee, which 
motion prevails. 

The Chair orders the bill re-referred to the Judiciary II Committee. 



March 30, 1993 



206 SENATE JOURNAL [Session 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, the bill is 
read by its title, together with the report accompanying it and takes its place on the 
Calendar, as follows: 

By Senator Cooper for the Judiciary II Committee: 

H.B. 120 (Committee Substitute), a bill to amend the open meetings law and to 
amend the public records law as it relates to the Hospital Licensure Act, with an 
unfavorable report as to Committee Substitute bill, but favorable to Senate Committee 
Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed Senate 
Committee Substitute bill 4105, which changes the title, upon concurrence, to read 
H.B. 120 (Senate Committee Substitute) , a bill to amend the open meetings laws and to 
amend the public records law as it relates to the Hospital Licensure Act and the Joint 
Municipal Electric Power and Energy Act, is placed before the Senate for immediate 
consideration. 

On motion of Senator Cooper, the proposed Senate Committee Substitute bill is 
adopted, and on his further motion is placed on the Calendar for tomorrow, Wednesday, 
March 31, for further consideration. 



WITHDRAWAL FROM COMMITTEE 

H.B. 87 (Committee Substitute) , a bill to provide for limited leave with pay for State 
employees who are certified disaster volunteers, referred to Appropriations 
Committee on March 18. 

Senator Plyler offers a motion that the rules be suspended and the Committee 
Substitute bill be taken from the Appropriations Committee and placed on the 
Calendar for tomorrow, Wednesday, March 31, which motion prevails, with unanimous 
consent. 

The Chair orders the Committee Substitute bill placed on the Calendar for tomorrow, 
Wednesday, March 31, for consideration. 

On motion of Senator Soles, seconded by Senator Winner of Buncombe, the Senate 
adjourns at 2:24 P.M. to meet tomorrow, Wednesday, March 31, at 1:00 P.M. 



THIRTY-EIGHTH DAY 

Senate Chamber, 
Wednesday, March 31 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Honorable J. Ollie Harris, Senator from Cleveland County. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, March 30, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 



March 31, 1993 



1993] SENATE JOURNAL 207 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill and resolution properly enrolled, and 
they are duly ratified and sent to the Office of the Secretary of State: 

H.B. 157, an act to exempt Columbus County from certain statutory requirements in 
the building of a new social services facility. (Ch. 11) 

H. J.R. 440 (Senate Committee Substitute) , a joint resolution inviting the Honorable 
James G. Exum, Jr., Chief Justice of the Supreme Court, to address a joint session of the 
House of Representatives and the Senate. (Res. 6) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Hunt for the Finance Committee: 

S.B. 566, a bill to conform North Carolina inheritance and gift tax provisions to 
federal estate and gift tax provisions regarding qualified terminable interest property, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Hunt, the rules are suspended, and the proposed Committee 
Substitute bill 4574 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, Thursday, April 1, for further consideration. 

S.B. 532, a bill to provide that all interest expenses are deductible for inheritance tax 
purposes, with a favorable report, as amended. 

S.B. 235, a bill to make the calculation for schools of fund balance available for 
appropriation the same as the calculation for other local governments, with a favorable 
report. 

Bills are reported from a select committee , read by their titles , together with the reports 
accompanying them, and take their place on the Calendar, as follows: 

By Senator Martin of Guilford for the Government Performance Audit Select 
Committee: 

S.B. 245, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Division of Medical Assistance and the Teachers' and 
State Employees' Comprehensive Major Medical Plan to assist the Department of 
Correction in efforts to secure automated claims processing support from a contractor, 
with a favorable report. 

S.B. 277, a bill to implement a recommendation of the Government Performance 
Audit Committee relating to the funding formula used for the North Carolina Community 
College System, with a favorable report. 

S.B. 260, a bill to implement a recommendation of the Government Performance 
Audit Committee to restructure the capital budget process, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 270, a bill to implement a recommendation of the Government Performance 
Audit Committee regarding the establishment of a community college policy on the cost 
of education and on the tuition to be charged, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 



March 31, 1993 



208 SENATE JOURNAL [Session 

S.B. 275, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish a funding goal for the North Carolina Community College 
System, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the 
Appropriations Committee. 

S.B. 368, a bill to implement a recommendation of the Government Performance 
Audit Committee to transfer some of the intergovernmental relations functions from the 
Department of Administration to other State agencies, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 415, a bill to implement a recommendation of the Government Performance 
Audit Committee regarding establishment of Challenge Grant Scholarship Funds for the 
North Carolina Community College System, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 204, a bill to implement a recommendation of the Government Performance 
Audit Committee to make the Certificate of Need program self-funded by increasing the 
CON application fees by fifty percent, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the Finance 
Committee. 

S.B. 314, a bill to implement a recommendation of the Government Performance 
Audit Committee to restructure the child support system in North Carolina, with a 
favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the Children and 
Human Resources Committee. 

S.B. 165, a bill to implement a recommendation of the Government Performance 
Audit Committee to have the Highway Oversight Committee conduct a comprehensive 
transportation financing study, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Martin of Guilford, the rules are suspended, and the proposed 
Committee Substitute bill 3586, which changes the title to read S.B. 165 (Committee 
Substitute), a bill to implement a recommendation of the Government Performance 
Audit Committee relating to transportation, is placed before the Senate for immediate 
consideration. 

On motion of Senator Martin of Guilford, the proposed Committee Substitute bill is 
adopted, and on his further motion, is re-referred to the Appropriations 
Committee. 

S.B. 361, a bill to implement a recommendation of the Government Performance 
Audit Committee to develop a statewide managed care program to contract with existing 
provider networks and to evaluate the feasibility of statewide managed care programs for 
certain populations and regions of the State, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Martin of Guilford, the proposed Committee Substitute bill 
8503, which changes the title to read S.B. 361 (Committee Substitute), a bill to 
implement a recommendation of the Government Performance Audit Committee to 
evaluate the feasibility of statewide managed care programs and to expand Medicaid 
Carolina Access statewide and introduce elements of risk-sharing, is placed before the 
Senate for immediate consideration. 

On motion of Senator Martin of Guilford, the proposed Committee Substitute bill is 
adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 



March 31, 1993 



1993] SENATE JOURNAL 209 

INTRODUCTION OF BILLS AND RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Warren and Jordan: 

S.B. 637, a bill to appropriate funds for the North Carolina Geographic Alliance 
Network Program. 

Referred to Appropriations Committee. 

By Senators Forrester and Hoyle: 

S.J.R. 638, a joint resolution honoring the late Governor Melville Broughton on the 
Fiftieth Anniversary of the North Carolina Center for Applied Textile Technology. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Cooper: 

S.B. 639, a bill relating to practice restrictions imposed on health care workers who 
are infected with HIV or Hepatitis B. 
Referred to Judiciary II Committee. 

By Senator Cooper: 

S.B. 640, a bill to allow the Fire and Rescue Commission to reimburse members of its 
certification board and to provide staff positions to administer fire and rescue certifica- 
tion programs. 

Referred to Appropriations Committee. 

By Senator Cooper: 

S.B. 641 , a bill to clarify rule making for the operation of abortion clinics and to make 
technical changes to G.S. 143B-165. 
Referred to Judiciary II Committee. 

By Senator Cooper: 

S.B. 642, a bill to abolish the vacant office of coroner in Halifax County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Cooper: 

S.B. 643, a bill to make technical and other changes to the retaliatory employment 
discrimination law. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Cooper and Speed: 

S.B. 644, a bill to appropriate funds to establish Early Intervention and Educational 
Resource Centers for Deaf and Hard of Hearing Children and their Families. 
Referred to Appropriations Committee. 

By Senators Cooper and Speed: 

S.B. 645, a bill to appropriate funds to help provide equal access and quality human 
services delivery for the deaf and hard of hearing. 
Referred to Appropriations Committee. 

By Senators Cooper and Speed: 

S.B. 646, a bill to appropriate funds to bring the North Carolina Schools for the Deaf 
up to the minimum standards outlined by the Basic Education Program and the 
Presidential Commission on Education for the Deaf. 

Referred to Appropriations Committee. 



March 31, 1993 



210 SENATE JOURNAL [Session 

By Senator Ballance: 

S.B. 647, a bill to adopt the Hertford County Watermelon Festival as the North 
Carolina Watermelon Festival and to declare that the Festival be held annually. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Seymour: 

S.B. 648, a bill to amend Chapter 86 A regulating barbers. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Gunter and Jordan: 

S.B. 649, a bill to update a local act which allows the City of Raleigh to have a 
subcommittee issue certificates of appropriateness. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Gunter, Perdue, and Jordan: 

S.B. 650, a bill to give recipients of prospective teacher scholarship loans credit 
against the loan amount for working part time as teachers. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Gunter: 

S.B. 651, a bill to conform the mileage allowance for presidential electors to that 
provided for other State officers and employees. 
Referred to Appropriations Committee. 

By Senator Sands: 

S.B. 652, a bill to place the Civil Air Patrol under the State Tort Claims Act for 
corporate and State requested and approved missions. 
Referred to Judiciary I Committee. 

By Senator Kaplan: 

S.B. 653, a bill to amend the Mining Act of 1971. 

Referred to Judiciary I Committee. 

By Senators Kaplan and Smith: 

S.B. 654, a bill to repeal the excise tax on soft drinks. 

Referred to Finance Committee. 

By Senator Kaplan: 

S.B. 655, a bill to make appropriations to provide capital improvements for State 
departments, institutions, and agencies, and for other purposes. 
Referred to Capital Expenditures Committee. 

By Senator Kaplan: 

S.B. 656, a bill to create a North Carolina Gaming Commission. 
Pursuant to G. S. 120-149, the bill is ordered held as filed in the Office of the Principal 
Clerk for a New Licensing Report. 

By Senator Kaplan: 

S.B. 657, a bill to require job listing services to secure a bond as a condition of 
licensure. 

Referred to Judiciary II Committee. 

By Senator Kaplan: 

S.B. 658, a bill to expand the property tax exemption for computer software. 

Referred to Finance Committee. 



March 31, 1993 



1993] SENATE JOURNAL 211 

By Senator Kaplan: 

S.B. 659, a bill to provide that deposits on returnable aeronautic replacement parts 
will be treated the same way as deposits on returnable automotive, industrial, marine, 
and farm replacement parts for sales tax purposes. 

Referred to Finance Committee. 

By Senator Kaplan: 

S.B. 660, a bill to amend the Constitution of North Carolina to provide for four-year 
terms for members of the legislature and limit them to three consecutive terms in a 
House, to limit members of the Council of State and sheriffs to three four-year terms, 
and to limit persons elected to Congress and to offices created by the General Assembly 
to twelve years in office. 

Referred to Constitution and Election Laws Committee. 

By Senators Kaplan, Winner of Buncombe, and Smith: 

S.B. 661 , a bill to repeal the State Privilege License Tax on most businesses subject to 
sales tax and on other trades and businesses and to increase the tax on entertainment 
from three percent to four percent. 

Referred to Finance Committee. 

By Senator Perdue: 

S.B. 662, a bill to appropriate funds for the Humanities Extension Program at North 
Carolina State University. 

Referred to Appropriations Committee. 

By Senators Perdue, Gunter, Winner of Mecklenburg, Seymour, Cochrane, Tally, 
and Jordan: 

S.B. 663, a bill to appropriate funds for the domestic violence programs throughout 
the State. 

Referred to Appropriations Committee. 

By Senators Gunter, Perdue, Johnson, Gulley, Allran, Seymour, Ballance, Edwards, 
Marshall, Hartsell, Speed, Hoyle, Martin of Pitt, and Jordan: 

S.B. 664, a bill to permit teacher assistants and other instructional personnel who do 
not require a substitute to take vacation leave when students are in attendance. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Gunter, Perdue, Cochrane, Marshall, Kerr, Forrester, Gulley, Smith, 
Harris, Johnson, Seymour, Allran, Ballance, Edwards, Hartsell, Speed, Hoyle, Martin 
of Pitt, and Jordan: 

S.B. 665, a bill to revise the salary schedule for noncertified public school personnel 
who are classified as teacher assistants. 

Referred to Appropriations Committee. 

By Senators Ward and Kaplan: 

S.B. 666, a bill to exempt the Winston-Salem/Forsyth County Board of Education 
and the Forsyth County Commissioners "Downtown School" project from certain 
statutory requirements. 

Referred to Education/Higher Education Committee. 

By Senator Soles: 

S.B. 667, a bill to provide for a referendum on removing Carolina Shores Village from 
the Town of Calabash, subject to the approval of the residents of either Districts #1 
and #2 of the Town of Calabash, and allowing the residents of Carolina Shores Village to 
vote on whether to incorporate. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 



March 31, 1993 



212 SENATE JOURNAL [Session 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

H.B. 91 (Committee Substitute), a bill to promote the source reduction of waste in 
State purchasing. 

Referred to State Personnel and State Government Committee. 

H.B. 405, a bill to incorporate the City of Northwest. 

Referred to Local Government and Regional Affairs Committee, and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 416, a bill to prohibit the issuance of new shellfish cultivation leases in Core 
Sound. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 128 (Committee Substitute), a bill to exempt certain transfers of vehicles from 
the highway use tax, to reimburse the Highway Trust Fund for revenue that would other- 
wise be lost as a result of the exemptions, and to increase revenues to provide funds to 
make the reimbursement, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 45, 
noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Basnight, Blackmon, 
Carpenter, Cochrane, Codington, Conder, Cooper, Edwards, Folger, Forrester, 
Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, Kaplan, Kerr, 
Kincaid, Lee, Marshall, Martin of Guilford, Odom, Parnell, Perdue, Plexico, Plyler, 
Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, Walker, Ward, 
Warren, Winner of Buncombe, and Winner of Mecklenburg — 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

H.B. 81, a bill to update the reference to the Internal Revenue Code used to 
determine certain taxable income and tax exemptions, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Blackmon, Carpenter, 
Cochrane, Codington, Conder, Cooper, Edwards, Folger, Forrester, Gunter, Harris, 
Hartsell, Hoyle, Hyde, Johnson, Jordan, Kaplan, Kerr, Kincaid, Lee, Marshall, 
Odom, Parnell, Perdue, Plexico, Plyler, Sands, Seymour, Shaw, Sherron, Simpson, 
Smith, Soles, Speed, Tally, Walker, Ward, Warren, Winner of Buncombe, and 
Winner of Mecklenburg — 42. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. 155, a bill to make technical and conforming changes to the revenue laws and 
related statutes, as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 43, noes 0, as 
follows: 

Voting in the affirmative: Senators Albertson, Allran, Basnight, Blackmon, 
Carpenter, Codington, Conder, Cooper, Daniel, Edwards, Folger, Forrester, Gunter, 
Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, Kaplan, Kerr, Kincaid, Lee, 
Marshall, Martin of Guilford, Odom, Parnell, Perdue, Plexico, Plyler, Sands, Shaw, 
Sherron, Simpson, Soles, Speed, Tally, Walker, Ward, Warren, 
Winner of Buncombe, and Winner of Mecklenburg — 43. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, Thursday, April 1 , for further 
consideration upon third reading. 



March 31, 1993 



1993] SENATE JOURNAL 213 

S.B. 496 (Committee Substitute) , a bill to implement a recommendation of the Child 
Fatality Task Force to establish an interagency committee to develop a child medical and 
mental health evaluation plan. 

On motion of Senator Cooper, consideration of the Committee Substitute bill is post- 
poned until Tuesday, April 6. 

H.B. 87 (Committee Substitute), a bill to provide for limited leave with pay for State 
employees who are certified disaster volunteers. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered enrolled. 

H.B. 101 (Senate Committee Substitute), a bill to expand the current energy policy 
for State government to apply to the construction, operation, and renovation of State 
facilities and to the purchase, operation, and maintenance of equipment for such 
facilities. 

On motion of Senator Plexico, consideration of the Senate Committee Substitute bill is 
postponed until tomorrow, Thursday, April 1. 

H.B. 120 (Senate Committee Substitute) , a bill to amend the open meetings laws and 
to amend the public records law as it relates to the Hospital Licensure Act and the Joint 
Municipal Electric Power and Energy Act. 

The Senate Committee Substitute bill passes its second (42-4) and third readings and 
is ordered, without objection, on motion of Senator Cooper, sent to the House of 
Representatives, for concurrence in the Senate Committee Substitute bill by special 
messenger. 



REPORTS OF COMMITTEES 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them and take their place on 
the Calendar, as follows: 

By Senator Perdue for the Education/Higher Education Committee: 

S.B. 464, a bill to change the manner of selection of the Board of Governors of the 
University of North Carolina, with an unfavorable report. 

S.B. 498, a bill to correct two errors in the plan for merger of the public school systems 
in Rockingham County into one system, with a favorable report. 

H.B. 180, a bill to provide that the members of the Wilkes County Board of Education 
shall take office at their first meeting in June of the year of their election, with a favorable 
report. 

H.B. 166 , a bill to provide that the Yadkin County Board of Education shall be elected 
to staggered four-year terms, with a favorable report, as amended. 

H.B. 167, a bill to provide that members of the Yadkin County Board of Education 
shall take office on the first Monday in August after their election, with a favorable 
report, as amended. 

On motion of Senator Basnight, seconded by Senator Cochrane, the Senate adjourns 
at 1:47 P.M. to meet tomorrow, Thursday, April 1, at 1:30 P.M. 



March 31, 1993 



214 SENATE JOURNAL [Session 

THIRTY-NINTH DAY 

Senate Chamber, 
Thursday, April 1, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"God of Wisdom, the tradition in our society on April 1st is to use in jest and good 
nature the term 'fool' — 'April Fool. ' In the spirit of that tradition, Mark Twain once 
said, 'Let us be thankful for the fools. But for them the rest of us could not succeed. ' 

"Lest we respond somewhat sanctimoniously, let us quickly confess that we have 
played both characters in Twain's remark and will again unless of course we seek Your 
Wisdom in all that we do. 

"The Scripture says that being a fool for you, O God, will impact a wisdom far greater 
than any human wisdom we could ever attain on our own. Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yesterday, 
Wednesday, March 31 , has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, on motion of Senator Speed the rules are suspended and 
Jeffrey Tillitt, serving as a page from Louisburg this week and winner of the National 
Childrens' Whistling Contest for 1990, 1991 and 1992, is granted the privilege of 
approaching the Well of the Senate where he performs by whistling "The Star Spangled 
Banner. " The Senate acknowledges with a standing ovation. Jeffrey Tillitt resumes his 
post as a Senate page. 

ESCORT COMMITTEE 

Pursuant to H.J.R. 440 (Senate Committee Substitute), a joint resolution inviting the 
Honorable James G. Exum, Jr. , Chief Justice of the Supreme Court, to address a joint 
session of the House of Representatives and the Senate, Senator Basnight, President Pro 
Tempore, appoints Senators Soles (Chairman), Ballance, Cooper, Conder, Hartsell, 
and Marshall a committee on the part of the Senate to greet and escort the Honorable 
James G. Exum, Jr. , Chief Justice of the Supreme Court of North Carolina, to the Joint 
Session. 

The Chair orders a message sent to the House of Representatives notifying that 
Honorable Body of such action. 

CALENDAR 

S.B. 566 (Committee Substitute), a bill to conform North Carolina inheritance and 
gift tax provisions to federal estate and gift tax provisions regarding qualified terminable 
interest property, on today's Calendar, upon second reading. 

With unanimous consent, on motion of Senator Winner of Buncombe, the Committee 
Substitute bill is taken up out of its regular order of business. 

On motion of Senator Winner of Buncombe, consideration of the Committee 
Substitute bill is postponed until Tuesday, April 6. 

S.B. 532, a bill to provide that all interest expenses are deductible for inheritance tax 
purposes, on today's Calendar. 

With unanimous consent, on motion of Senator Winner of Buncombe, the bill is taken 
up out of its regular order of business. 



April 1, 1993 



1993] SENATE JOURNAL 215 

On motion of Senator Winner of Buncombe, consideration of the bill is postponed 
until Tuesday, April 6. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Walker for the Children and Human Resources Committee: 

S.B. 526, a bill to change the certification period of emergency medical technicians 
from two years to four years, with a favorable report. 

S.B. 538, a bill to allow area mental health, developmental disabilities, and sub- 
stance abuse authorities to submit local plans in accordance with an extended schedule, 
with a favorable report. 

S.B. 544, a bill to amend various statutes pertaining to early intervention services 
from birth to five years of age, with a favorable report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Appropriations Committee. 

By Senator Johnson for the State Personnel and State Government 
Committee: 

S.B. 216, a bill to repeal the requirement that the Department of the Secretary of State 
report to the Joint Legislative Commission on Governmental Operations on the Business 
License Information Office, with a favorable report. 

S.B. 217, a bill to repeal the requirement that the Department of Cultural Resources 
report to the Joint Legislative Commission on Governmental Operations on the operation 
of the State Depository Library System, with a favorable report. 

CALENDAR (Continued) 

S.B. 498 , a bill to correct two errors in the plan for merger of the public school systems 
in Rockingham County into one system, on today's Calendar. 

With unanimous consent, on motion of Senator Sands, the bill is taken up out of its 
regular order of business. 

On motion of Senator Sands, consideration of the bill is postponed until Tuesday, 
April 6. 

H. B. 166, a bill to provide that the Yadkin County Board of Education shall be elected 
to staggered four-year terms, on today's Calendar. 

With unanimous consent, on motion of Senator Sands, the bill is taken up out of its 
regular order of business. 

On motion of Senator Sands, consideration of the bill is postponed until Tuesday, 
April 6. 

H.B. 167, a bill to provide that members of the Yadkin County Board of Education 
shall take office on the first Monday in August after their election, on today's Calendar. 

With unanimous consent, on motion of Senator Sands, the bill is taken up out of its 
regular order of business. 

On motion of Senator Sands, consideration of the bill is postponed until Tuesday, 
April 6. 



April 1, 1993 



216 SENATE JOURNAL [Session 

H. B. 180, a bill to provide that the members of the Wilkes County Board of Education 
shall take office at their first meeting in June of the year of their election, on today's 
Calendar. 

With unanimous consent, on motion of Senator Sands, the bill is taken up out of its 
regular order of business . 

On motion of Senator Sands, consideration of the bill is postponed until Tuesday, 
April 6. 

S.B. 155, a bill to make technical and conforming changes to the revenue laws and 
related statutes, on today's Calendar, as amended, upon third reading. 

With unanimous consent, on motion of Senator Sands, the bill, as amended, is taken 
up out of its regular order of business. 

On motion of Senator Sands, consideration of the bill, as amended, is postponed until 
Tuesday, April 6. 

S.B. 235, a bill to make the calculation for schools of fund balance available for 
appropriation the same as the calculation for other local governments, on today's 
Calendar. 

With unanimous consent, on motion of Senator Sands, the bill is taken up out of its 
regular order of business . 

On motion of Senator Sands, consideration of the bill is postponed until Tuesday, 
April 6. 

S.B. 245, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Division of Medical Assistance and the Teachers' and 
State Employees' Comprehensive Major Medical Plan to assist the Department of 
Correction in efforts to secure automated claims processing support from a contractor, 
on today's Calendar. 

With unanimous consent, on motion of Senator Sands, the bill is taken up out of its 
regular order of business. 

On motion of Senator Sands, consideration of the bill is postponed until Tuesday, 
April 6. 

S.B. 277, a bill to implement a recommendation of the Government Performance 
Audit Committee relating to the funding formula used for the North Carolina Community 
College System, on today's Calendar. 

With unanimous consent, on motion of Senator Sands, the bill is taken up out of its 
regular order of business. 

On motion of Senator Sands, consideration of the bill is postponed until Tuesday, 
April 6. 

H.B. 101 (Senate Committee Substitute), a bill to expand the current energy policy 
for State government to apply to the construction, operation, and renovation of State 
facilities and to the purchase, operation, and maintenance of equipment for such facili- 
ties, on today's Calendar. 

With unanimous consent, on motion of Senator Sands, the Senate Committee 
Substitute bill is taken up out of its regular order of business. 

On motion of Senator Sands, consideration of the Senate Committee Substitute bill is 
postponed until Tuesday, April 6. 

REPORTS OF COMMITTEES (Continued) 
By Senator Harris for the Pensions and Retirement Committee: 

S.B. 528, a bill to provide that retired members in receipt of a retirement allowance 
from the state-administered retirement systems shall receive retirement benefits equal to 
an amount not less than the accumulated contributions of the retiree at retirement, with a 
favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 



April 1, 1993 



1993] SENATE JOURNAL 217 

By Senator Cooper for the Judiciary II Committee: 

S. B. 508, a bill to provide the same legal authority and limited liability to immigration 
and naturalization service agents who work with State and local officers as is accorded 
other federal officers, with a favorable report. 

By Senator Folger for the Local Government and Regional Affairs 
Committee: 

S.B. 516, a bill to authorize the extension of county housing authority jurisdiction to 
cities located in whole or in part within the county's boundaries, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 53, a bill to clarify the authority that a county or city has to require participation 
in a recycling program, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Folger, the rules are suspended, and the proposed Committee 
Substitute bill 4575 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, April 5, for further consideration. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the Office of the Secretary of State: 

H.B. 81, an act to update the reference to the Internal Revenue Code used to deter- 
mine certain taxable income and tax exemptions. (Ch. 12) 

H.B. 87 (Committee Substitute) , an act to provide for limited leave with pay for State 
employees who are certified disaster volunteers. (Ch. 13) 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Cooper: 

S.B. 668, a bill to appropriate funds to the Nash County Cultural Center to complete 
renovations to its facilities. 

Referred to Appropriations Committee. 

By Senators Cooper, Gulley, Warren, Ward, Walker, Gunter, Richardson, Smith, 
and Kerr: 

S.B. 669, a bill to appropriate funds for differentiated pay for State-paid public school 
employees. 

Referred to Appropriations Committee. 

By Senators Cooper, Winner of Mecklenburg, Gulley, Ward, Walker, Gunter, 
Warren, Smith, Perdue, Richardson, and Kerr: 

S.B. 670, a bill to make differentiated pay available for all State-paid public school 
employees. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Warren, Jordan, Kerr, and Marshall: 

S.B. 671, a bill to appropriate funds for the completion of a new Arts Center/Civic 
Center in Lenoir County. 

Referred to Appropriations Committee. 



April 1, 1993 



218 SENATE JOURNAL [Session 

By Senators Martin of Guilford, Johnson, Sands, Soles, Harris, Smith, Codington, 
Odom, Ballance, Seymour, and Lee: 

S.B. 672, a bill to improve the regulation of credit insurance and lower premium rates 
charged for credit insurance. 

Referred to Insurance Committee. 

By Senator Ballance: 

S.B. 673, a bill to reinstate the protection from discharge or demotion by employers 
for claimants seeking compensation under the Workers' Compensation Act. 
Referred to Judiciary I Committee. 

By Senators Walker, Ballance, Basnight, Blackmon, Carpenter, Cochrane, 
Codington, Conder, Edwards, Folger, Forrester, Gulley, Gunter, Harris, Hartsell, 
Hoyle, Hunt, Hyde, Johnson, Jordan, Kaplan, Kerr, Kincaid, Lee, Martin of Pitt, 
Martin of Guilford, Odom, Perdue, Plexico, Richardson, Sands, Seymour, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Tally, Ward, Winner of Buncombe, Winner of 
Mecklenburg, Albertson, Warren, Cooper, and Allran: 

S.B. 674, a bill to appropriate funds to the Department of Environment, Health, and 
Natural Resources for implementing a statewide universal immunization program. 

Referred to Appropriations Committee. 

By Senators Walker, Albertson, Allran, Cochrane, Codington, Cooper, Forrester, 
Gulley, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, Kincaid, Martin of 
Guilford, Parnell, Perdue, Plexico, Richardson, Sherron, Simpson, Smith, Speed, 
Tally, Winner of Buncombe, Winner of Mecklenburg, Ward, and Marshall: 

S.B. 675, a bill to increase the income tax credit for child and dependent care expense 
for families with income below forty thousand dollars a year. 

Referred to Finance Committee. 

By Senators Walker, Albertson, Allran, Ballance, Basnight, Blackmon, Carpenter, 
Cochrane, Codington, Conder, Edwards, Folger, Forrester, Gulley, Gunter, Harris, 
Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, Kaplan, Kerr, Kincaid, Lee, Marshall, 
Martin of Pitt, Martin of Guilford, Odom, Perdue, Plexico, Richardson, Sands, 
Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, Warren, Winner of 
Buncombe, Winner of Mecklenburg, Ward, Daniel, Plyler, Cooper, Daniel, andPlyler: 

S.B. 676, a bill to develop and establish early childhood initiatives. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Sands, Marshall, and Gunter: 

S.B. 677, a bill to amend the Constitution to delete all references to the State Board of 
Education and to direct the General Assembly to amend the Statutes to abolish the State 
Board of Education. 

Referred to Constitution and Election Laws Committee. 

By Senators Carpenter and Hartsell: 

S.B. 678, a bill to clarify what funds may be used to repay revenue bonds and special 
obligation bonds. 

Referred to Constitution and Election Laws Committee and upon a favorable 
report, re-referred to the Finance Committee. 



REPORTS OF COMMITTEE 

A select committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 



April 1, 1993 



1993] SENATE JOURNAL 219 

By Senator Martin of Guilford for the Government Performance Audit Select 
Committee: 

S.B. 132, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Secretary of Administration to designate a minority busi- 
ness coordinator, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Martin of Guilford, the rules are suspended, and the proposed 
Committee Substitute bill 2604, which changes the title to read S.B. 132 (Committee 
Substitute), a bill to implement a recommendation of the Government Performance 
Audit Committee regarding purchasing and contracts, is placed before the Senate for 
immediate consideration. 

On motion of Senator Martin of Guilford, the Committee Substitute bill is adopted, 
and on his further motion is re-referred to the Appropriations Committee. 

S.B. 171, a bill to implement a recommendation of the Government Performance 
Audit Committee to consolidate the Highway Division equipment sections, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Martin of Guilford, the rules are suspended, and the proposed 
Committee Substitute bill 3587 is placed before the Senate for immediate consideration, 
and on his further motion is adopted. 

On motion of Senator Martin of Guilford, the Committee Substitute bill is re-referred 
to the Appropriations Committee. 

S.B. 198, a bill to implement a recommendation of the Government Performance 
Audit Committee to transition inappropriately placed residents of intermediate care faci- 
lities for the mentally retarded to home-and community-based services, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Martin of Guilford, the rules are suspended, and the proposed 
Committee Substitute bill 3589 is placed before the Senate for immediate consideration, 
and on his further motion is adopted. 

On motion of Senator Martin of Guilford, the Committee Substitute bill is re-referred 
to the Appropriations Committee. 

S.B. 315, a bill to implement a Government Performance Audit Committee recom- 
mendation to require periodic information technology briefings for executive, judicial, 
and legislative officials, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Martin of Guilford, the rules are suspended, and the proposed 
Committee Substitute bill 7632, which changes the title to read S.B. 315 (Committee 
Substitute) , a bill to implement recommendations of the Government Performance Audit 
Committee relating to information technology, telecommunications, purchase and con- 
tract, economic development, revenue, organization and staffing, and related general 
government matters, is placed before the Senate for immediate consideration. 

On motion of Senator Martin of Guilford, the Committee Substitute bill is adopted, 
and on his further motion is re-referred to the Appropriations Committee. 

S.B. 318, a bill to implement recommendations of the Government Performance 
Audit Committee to structure and organize the billing, rates, and financial strategies of 
the State Information Processing Services, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Martin of Guilford, the rules are suspended, and the proposed 
Committee Substitute bill 3588 is placed before the Senate for immediate consideration, 
and on his further motion is adopted. 

On motion of Senator Martin of Guilford, the Committee Substitute bill is re-referred 
to the Appropriations Committee. 



April 1, 1993 



220 SENATE JOURNAL [Session 

S.B. 360, a bill to implement a recommendation of the Government Performance 
Audit Committee to reorganize certain misplaced organizational units in the Department 
of Human Resources, and to make administrative changes in the Charitable Solicitation 
Law, with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Martin of Guilford, the rules are suspended, and the proposed 
Committee Substitute bill 9606 is placed before the Senate for immediate consideration, 
and on his further motion is adopted. 

On motion of Senator Martin of Guilford, the Committee Substitute bill is re-referred 
to the Appropriations Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 440 House of Representatives 

(Senate Committee Substitute) April 1, 1993 

Mr. President: 

Pursuant to Senate Committee Substitute for House Joint Resolution 440, "A JOINT 
RESOLUTION INVITING THE HONORABLE JAMES G. EXUM, JR., CHIEF 
JUSTICE OF THE SUPREME COURT, TO ADDRESS A JOINT SESSION OF THE 
HOUSE OF REPRESENTATIVES AND THE SENATE," the Speaker appoints the 
following members of the House of Representatives to serve with a like Committee of the 
Senate to escort Chief Justice Exum to the Joint Session: 

Representative Milton F. Fitch, Jr. 
Representative David G. Balmer 
Representative Bertha M. Holt 
Representative Phillip A. Baddour, Jr. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bill and resolution which are read the first time and disposed of, as follows: 

H.J.R. 429, a joint resolution requesting the North Carolina Congressional Delega- 
tion to intercede with the executive branch when necessary and to propose to Congress 
certain amendments to those parts of the Social Security Act that affect the Medicaid 
program, the Employee Retirement Income Security Act of 1974, the Federal Tax Code, 
and other relevant acts to permit the State of North Carolina to implement a Statewide 
comprehensive health care reform program. 

Pursuant to Rule 40(c), the joint resolution is ordered held in the Office of the 
Principal Clerk. 

H.B. 456, a bill to authorize the conveyance of certain property owned by the City of 
New Bern to the Neuse River Community Development Corporation, Inc. 
Referred to Local Government and Regional Affairs Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting the 
following joint resolution which is read the first time and disposed of, as follows: 



April 1, 1993 



1993] SENATE JOURNAL 221 

H.J.R. 591, a joint resolution honoring S. A. Holleman, the first mayor of the Town 
of Elon College, and the founders of the Town of Elon College on the Town's 
One-Hundredth Anniversary. 

Referred to Rules and Operation of the Senate Committee. 

Pursuant to H.J. R. 440 (Senate Committee Substitute) , a joint resolution inviting the 
Honorable James G. Exum, Jr. , Chief Justice of the Supreme Court, to address a joint 
session of the House of Representatives and the Senate, the Chair orders a special 
message sent to the House of Representatives informing that Honorable Body that the 
Senate stands ready to repair to the Hall of the House of Representatives, there to sit in 
Joint Session with that Honorable body for the purpose of receiving the Address of the 
Chief Justice. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 440 House of Representatives 

(Senate Committee Substitute) April 1, 1993 

Mr. President: 

Pursuant to Senate Committee Substitute for House Joint Resolution 440 "A JOINT 
RESOLUTION INVITING THE HONORABLE JAMES G. EXUM, JR., CHIEF 
JUSTICE OF THE SUPREME COURT, TO ADDRESS A JOINT SESSION OF THE 
HOUSE OF REPRESENTATIVES AND THE SENATE," the House of 
Representatives stands ready to receive the Senate in Joint Session at the appointed hour. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 

Senator Basnight, seconded by Senator Speed, offers a motion that the Senate recess 
to meet in Joint Session with the House of Representatives for the purpose of receiving the 
Address of the Chief Justice, and further moves upon dissolution of the Joint Session to 
stand adjourned to reconvene Monday, April 5, at 7:00 P.M., which motions prevail. 

Pursuant to the motions of Senator Basnight, the Senate, preceded by its Officers, 
repairs to the Hall of the House of Representatives, there to sit in Joint Session with that 
Honorable Body for the purpose of receiving the Address of the Chief Justice of the 
Supreme Court of North Carolina. 

JOINT SESSION 

The Senate is received with the Members of the House of Representatives standing and 
the Joint Session is called to order by the Honorable Daniel T. Blue, Jr. , Speaker of the 
House of Representatives. 

The Speaker recognizes the Sergeant-at-Arms of the House of Representatives who 
announces the presence of the Associate Justices of the Supreme Court of North 
Carolina, who await his pleasure. The Speaker directs the Sergeant-at-Arms to escort 
the Associate Justices to the Well of the House to be seated. The Senate and the House 
of Representatives sitting in Joint Session receive the members of the Supreme Court 
standing. 

The Speaker recognizes the Sergeant-at-Arms of the House of Representatives 
who announces the presence of the Chief Judge and the Associate Judges of the 
North Carolina Court of Appeals who await his pleasure. The Speaker directs the 



April 1, 1993 



222 SENATE JOURNAL [Session 

Sergeant-at-Arms to escort the Members of the Court of Appeals to the Well of the 
House to be seated. The Senate and the House of Representatives receive the Members 
of the Court of Appeals standing. 

The Speaker recognizes the Sergeant-at-Arms of the House of Representatives who 
announces the presence of the Honorable James G. Exum, Jr., Chief Justice of the 
Supreme Court of North Carolina. The Speaker directs the Sergeant-at-Arms to bring 
Escort Committees and The Chief Justice to the Well of the House. Senator Soles, 
Chairman of the Escort Committee, presents the Honorable James G. Exum, Jr. , Chief 
Justice of the Supreme Court of North Carolina, to the Speaker of the House of 
Representatives and to the President of the Senate. The Speaker presents the Honorable 
James G. Exum, Jr. , to the General Assembly whereupon he delivers his address. (See 
Appendix) . 

The General Assembly responds to the Address of the Chief Justice with a standing 
ovation. 

The Speaker recognizes Senator Soles, Representative Fitch, and the Committees to 
escort the Chief Justice from the Hall of the House of Representatives. 

On motion of Senator Basnight, the Joint Session is dissolved and pursuant to the 
motion heretofore made, the Senate stands adjourned to meet Monday, April 5, at 
7:00 P.M. 



FORTIETH DAY 

Senate Chamber, 
Monday, April 5, 1993. 



The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"God, our Father, every day we are asked to make some very difficult decisions. Grant 
each of us the knowledge that it is even better to make some mistakes than to be a person 
of two minds who is undecided every step of the way. At least, by making a decision, we 
give You the opportunity to affirm or correct us. 

"Finally, we don't think it to be too trivial to ask, with all sincerity, that You allow the 
Tar Heels to bring the NCAA Basketball Championship back home to North Carolina! 
Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
April 1, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for tonight to Senator 
Odom, who has a doctor's appointment; to Senator Perdue, due to personal reasons; to 
Senator Winner of Mecklenburg, who is observing Passover; and to Senator Kaplan, 
Senator Winner of Buncombe, Senator Lee, and Senator Shaw. 



INTRODUCTION OF BILL 

Senator Sands offers a motion that Rule 40 be suspended to allow the introduction of 
the following bill, which motion prevails by a two-thirds majority vote. 



April 5, 1993 



1993] SENATE JOURNAL 223 

By Senators Sands and Folger: 

S.B. 699, a bill to modify the authority of Rockingham County to undertake local 
development activities. 

On motion of Senator Sands, the bill is placed before the Senate for immediate consid- 
eration. 

The bill passes its second (40-0) and third readings and, on motion of Senator Sands, 
is ordered, with unanimous consent, sent to the House of Representatives by special 
messenger. 



REPORTS OF COMMITTEES 

Standing committee reports are submitted, bills are read by their titles, together with 
the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Johnson for the State Personnel and State Government 
Committee: 

S.B. 90, a bill to promote the source reduction of waste in State purchasing, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Johnson, the rules are suspended, and the proposed Committee 
Substitute bill 9610 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, Tuesday, April 6, for further consideration. 

By Senator Folger for the Local Government and Regional Affairs 
Committee: 

S.B. 60, a bill to impose an advance disposal tax on new white goods, to require each 
county to provide a disposal site for white goods, and to provide for the removal of chlo- 
rofluorocarbons from white goods that contain chlorofluorocarbons, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Folger, the Committee Substitute bill 2606, which changes the 
title to read S.B. 60 (Committee Substitute), a bill to impose an advance disposal tax 
on new white goods, to require each county to provide for the management of discarded 
white goods, and to provide for the removal of chlorofluorocarbon refrigerants from 
white goods, is placed before the Senate for immediate consideration. 

On motion of Senator Folger, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 



By Senator Cooper for the Judiciary II Committee: 



S.B. 125, a bill to provide that a purchase money security interest continues when the 
underlying agreement is modified with same creditor, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed Committee 
Substitute bill 5590, which changes the title to read S.B. 125 (Committee Substitute) , a 
bill to provide that a purchase money security interest continues when the underlying 
agreement is modified with same creditor and application of payments in a consumer 
credit sale is on the basis that the first payments shall be applied to the first purchase to 
satisfy that and other debts accordingly, is placed before the Senate for immediate 
consideration. 

On motion of Senator Cooper, the Committee Substitute bill is adopted and on his 
further motion is placed on the Calendar for tomorrow, Tuesday, April 6, for further 
consideration. 



April 5, 1993 



224 SENATE JOURNAL [Session 

S.B. 604, a bill to designate the Office of Administrative Hearings as the deferral 
agency for cases under the Americans with Disabilities Act, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed Committee 
Substitute bill 2609 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, Tuesday, April 6, for further consideration. 

A bill is reported from a select committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Martin of Guilford for the Government Performance Audit Select 
Committee: 

S.B. 188, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish a goal of self-sufficiency by the year 2000 for the Center for 
Microelectronics Systems Technologies of the MCNC (Microelectronics Center of North 
Carolina) and for the Economic Development Program and the Institute for Biotech- 
nology Information of the Biotechnology Center, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Martin of Guilford, the rules are suspended, and the proposed 
Committee Substitute bill 3592, which changes the title to read S.B. 188 (Committee 
Substitute), a bill to implement a recommendation of the Government Performance 
Audit Committee regarding economic development, is placed before the Senate for 
immediate consideration. 

On motion of Senator Martin of Guilford, the Committee Substitute bill is adopted, 
and on his further motion is re-referred to the Appropriations Committee. 

S.B. 271 (Committee Substitute), a bill to implement the recommendations of the 
Government Performance Audit Committee relating to program planning in, and organi- 
zation and restructuring of, the North Carolina Community College System, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Martin of Guilford, the rules are suspended, and the proposed 
Committee Substitute bill 6598 is placed before the Senate for immediate consideration, 
and on his further motion is adopted. 

On motion of Senator Martin of Guilford, the Committee Substitute bill is re-referred 
to the Appropriations Committee. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Ballance: 

S.B. 679, a bill to clarify that a North Carolina court has personal jurisdiction over 
actions arising from direct and indirect solicitations made from out-of state and received 
in this State. 

Referred to Judiciary I Committee. 

By Senator Ballance: 

S.B. 680, a bill to extend the period during which an employee may file a complaint 
with the Commissioner of Labor alleging retaliatory employment discrimination. 
Referred to Judiciary I Committee. 

By Senator Johnson: 

S.B. 681, a bill to permit lenders to cure loan documents which might violate the 
restrictions on late charges as interpreted by the North Carolina Supreme Court. 
Referred to Judiciary II Committee. 



April 5, 1993 



1993] SENATE JOURNAL 225 

By Senators Kincaid and Simpson: 

S.B. 682, a bill to allow the Counties of Caldwell and Catawba and the Cities of 
Granite Falls, Hudson, Hickory, Lenoir, and Sawmills to establish the Carolina and 
Northwestern Railroad Authority. 

Referred to Public Utilities Committee. 

By Senators Richardson, Edwards, Lee, Ballance, Hunt, Jordan, and Martin of 
Guilford: 

S.B. 683, a bill to create the North Carolina Citizens' Law Enforcement Review 
Commission and Local Citizens' Law Enforcement Review Boards to provide for citizen 
review of the conduct of State and local law enforcement officers. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Richardson, Odom, Blackmon, Winner of Mecklenburg, and Gunter: 
S.B. 684, a bill to provide that the simulated election "Kids Voting" project may take 
place at the polling place and is not considered electioneering. 
Referred to Constitution and Election Laws Committee. 

By Senators Odom, Blackmon, and Richardson: 

S.B. 685, a bill to clarify that streets between developed lots or within neighborhoods 
may not be excluded from annexation density calculations. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Odom and Blackmon: 

S.B. 686, a bill to provide that a large city must provide water and sewer services 
within one year of the effective date of the annexation, or the area is removed from the 
corporate limits and ad valorem taxes refunded, and to clarify the annexation of undevel- 
oped land by a large city. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Gulley and Lee: 

S.B. 687, a bill to clarify the method by which a regional public transportation author- 
ity may purchase personal property by an installment contract that creates in the property 
a security interest. 

Referred to Transportation Committee and upon a favorable report, re-referred 
to the Finance Committee. 

By Senators Gulley and Hunt: 

S.B. 688, a bill amending the Durham City Charter with respect to zoning protest 
petitions. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Gulley and Hunt: 

S.B. 689, a bill to permit the City of Durham to provide relocation assistance pay- 
ments for the value of mortgage credit certificates. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Gulley and Hunt: 

S.B. 690, a bill amending the Charter of Durham to authorize the making of emer- 
gency repairs in housing code cases. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Gulley: 

S.B. 691, a bill to delay the sunset on the Notice of Settlement Act. 

Referred to Judiciary II Committee. 



April 5, 1993 



226 SENATE JOURNAL [Session 

By Senators Warren and Martin of Pitt: 

S.B. 692, a bill authorizing Pitt County to increase its room occupancy tax from three 
percent to no more than six percent and providing for the use of the proceeds of the 
additional tax. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Cooper, Hunt, Ballance, Gulley, Warren, and Speed: 
S.B. 693, a bill to appropriate funds for the collaborative effort to support new 
teaching professionals. 

Referred to Appropriations Committee. 

By Senators Carpenter, Hartsell, Lee, Speed, Martin of Pitt, Codington, Cochrane, 
Blackmon, Forrester, Smith, Albertson, and Allran: 

S.B. 694, a bill to authorize local governments to issue bonds and notes constituting 
special obligations secured solely by sources that are not derived from the exercise of 
their taxing power to provide funds for certain local infrastructure needs. 

Referred to Finance Committee. 

By Senator Ballance: 

S.B. 695, a bill to appropriate funds to the Department of Environment, Health, and 
Natural Resources to provide life-sustaining medication for eligible persons infected with 
HIV. 

Referred to Appropriations Committee. 

By Senators Seymour, Warren, Marshall, Ward, Martin of Guilford, Jordan, Parnell, 
Speed, Hunt, Martin of Pitt, Hoyle, Richardson, Edwards, Walker, Carpenter, Smith, 
Sands, Soles, Cooper, Hartsell, Ballance, Cochrane, Gunter, Sherron, Tally, and 
Allran: 

S.B. 696, a bill to promote the creation of health plan purchasing alliances to provide 
access to health benefits for employees of small employer groups and self-employed 
individuals. 

Referred to Insurance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Soles: 

S.B. 697, a bill to be known as Trustee Powers Act. 

Referred to Judiciary II Committee. 

By Senator Soles: 

S.B. 698, a bill to amend the Principal and Income Act of 1973. 

Referred to Judiciary II Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

H. B. 83 (Committee Substitute) , a bill to temporarily increase the scrap tire disposal 
tax, to provide for the distribution of the additional tax proceeds, and to revoke the 
general authority of a unit of local government or a contracting party to impose a separate 
scrap tire disposal fee. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 204 (Committee Substitute), a bill to exchange tracts of land between the 
corporate limits of the Towns of Cary and Morrisville. 
Referred to Finance Committee. 



April 5, 1993 



1993] SENATE JOURNAL 227 

H.B. 252, a bill to allow the Guilford County Board of Elections to establish a "Vote 
Early But Not Often" Program. 

Referred to Constitution and Election Laws Committee. 

H.B. 410 (Committee Substitute), a bill to merge the Beaufort County and 
Washington City School Administrative Units. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Finance Committee. 

H.B. 420, a bill to change the name of the Resources Development Commission for 
Brunswick County to the Brunswick County Economic Development Commission. 
Referred to Economic Development Committee. 

H.B. 424, a bill to authorize the City of Burlington to convey certain surplus property 
by private sale. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 426, a bill to correct two errors in the plan for merger of the public school 
systems in Rockingham County into one system. 

On motion of Senator Sands, the bill is placed on the Calendar for tomorrow, 
Tuesday, April 6. 

H.B. 435, a bill to allow absentee voting in Old Fort town elections conducted by the 
Municipal Board of Elections. 

Referred to Constitution and Election Laws Committee. 

H.B. 492, a bill to establish a wildlife preserve and bird sanctuary in the City of 
Boiling Spring Lakes in Brunswick County. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

H.B. 493, a bill to establish a no-wake zone in the City of Southport and to allow the 
City of Southport to regulate certain activites in waterways adjacent to the City. 
Referred to Agriculture, Marine Resources, and Wildlife Committee. 

H.B. 590, a bill to allow the incorporated volunteer fire departments of Currituck 
County to purchase governmental and municipal surplus property and equipment. 
Referred to Local Government and Regional Affairs Committee. 

WITHDRAWAL FROM COMMITTEE 

H.J.R. 591, a joint resolution honoring S. A. Holleman, the first mayor of the Town 
of Elon College, and the founders of the Town of Elon College on the Town's 
One-Hundredth Anniversary, referred to the Rules and Operation of the Senate 
Committee on April 1. 

Senator Sands offers a motion that the rules be suspended and the joint resolution be 
taken from the Rules and Operation of the Senate Committee and placed before 
the Senate for immediate consideration, which motion prevails, with unanimous 
consent. 

The Chair orders the joint resolution placed before the Senate for immediate consider- 
ation. 

The joint resolution passes its second (38-0) and third readings and is ordered 
enrolled. 



RE-REFERRALS 

S.B. 240, a bill to implement a recommendation of the Government Performance 
Audit Committee to consolidate North Carolina's community corrections programs, 



April 5, 1993 



228 SENATE JOURNAL [Session 

referred to the Government Performance Audit Select Committee on 
February 18. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Government Performance Audit Select Committee and 
re-referred to the Appropriations Committee, which motion prevails, with 
unanimous consent. 

The Chair orders the bill re-referred to the Appropriations Committee. 

S.B. 243, a bill to implement a recommendation of the Government Performance 
Audit Committee to consolidate thirty of the State's smallest prisons, and to improve 
organizational functions and reduce staff in area offices of the Division of Prisons, 
referred to the Government Performance Audit Select Committee on 
February 18. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Government Performance Audit Select Committee and 
re-referred to the Appropriations Committee, which motion prevails, with 
unanimous consent. 

The Chair orders the bill re-referred to the Appropriations Committee. 

S.B. 286, a bill to implement a recommendation of the Government Performance 
Audit Committee to eliminate the Department of Crime Control and Public Safety and 
place its divisions within the appropriate departments, referred to the Government 
Performance Audit Select Committee on February 19. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Government Performance Audit Select Committee and 
re-referred to the Appropriations Committee, which motion prevails, with unani- 
mous consent. 

The Chair orders the bill re-referred to the Appropriations Committee. 

S.B. 291, a bill to implement a recommendation of the Government Performance 
Audit Committee to phase out Division of Motor Vehicles law enforcement, referred to 
the Government Performance Audit Select Committee on February 22. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Government Performance Audit Select Committee and 
re-referred to the Appropriations Committee, which motion prevails, with 
unanimous consent. 

The Chair orders the bill re-referred to the Appropriations Committee. 

S.B. 367, a bill to implement a recommendation of the Government Performance 
Audit Committee for the adoption of rules by the State Personnel Commission regarding 
State law enforcement officers, referred to the Government Performance Audit 
Select Committee on February 24. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Government Performance Audit Select Committee and 
re-referred to the Appropriations Committee, which motion prevails, with unani- 
mous consent. 

The Chair orders the bill re-referred to the Appropriations Committee. 

S.B. 369, a bill to implement recommendations of the Government Performance 
Audit Committee regarding the civilianization of certain job classes of State law 
enforcement officers, referred to the Government Performance Audit Select 
Committee on February 24. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Government Performance Audit Select Committee and 
re-referred to the Appropriations Committee, which motion prevails, with unani- 
mous consent. 

The Chair orders the bill re-referred to the Appropriations Committee. 



April 5, 1993 



1993] SENATE JOURNAL 229 

S.B. 416, a bill to implement a recommendation of the Government Performance 
Audit Committee to phase out the Alcohol Law Enforcement Division and to transfer the 
alcohol beverage law enforcement and regulatory functions, referred to the Govern- 
ment Performance Audit Select Committee on February 25. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Government Performance Audit Select Committee and 
re-referred to the Appropriations Committee, which motion prevails, with 
unanimous consent. 

The Chair orders the bill re-referred to the Appropriations Committee. 

S.B. 190, a bill to implement a recommendation of the Government Performance 
Audit Committee to restructure the Department of Commerce by eliminating 
unnecessary personnel and combining redundant programs, referred to the 
Government Performance Audit Select Committee on February 17. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Government Performance Audit Select Committee and 
re-referred to the Appropriations Committee, which motion prevails, with 
unanimous consent. 

The Chair orders the bill re-referred to the Appropriations Committee. 

S.B. 193, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish an Economic Development Council in the Department of 
Commerce to replace the current Economic Development Board, to require the Council 
to prepare and update annually an economic development plan for the State of North 
Carolina, and to require the Department of Commerce to establish a planning unit to 
support the Economic Development Council's ongoing role in economic and community 
development planning, referred to the Government Performance Audit Select 
Committee on February 17. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Government Performance Audit Select Committee and 
re-referred to the Appropriations Committee, which motion prevails, with 
unanimous consent. 

The Chair orders the bill re-referred to the Appropriations Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 53 (Committee Substitute) , a bill to clarify the authority that a county or city has 
to require participation in a recycling program. 

On motion of Senator Conder, consideration of the Committee Substitute bill is 
postponed until tomorrow, Tuesday, April 6. 

S.B. 216, a bill to repeal the requirement that the Department of the Secretary of State 
report to the Joint Legislative Commission on Governmental Operations on the Business 
License Information Office. 

The bill passes its second (40-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 217, a bill to repeal the requirement that the Department of Cultural Resources 
report to the Joint Legislative Commission on Governmental Operations on the operation 
of the State Depository Library System. 

The bill passes its second (39-0) and third readings and is ordered sent to the House of 
Representatives. 

ENROLLED BILL 

The Enrolling Clerk reports the following resolution properly enrolled, and it is duly 
ratified and sent to the Office of the Secretary of State: 



April 5, 1993 



230 SENATE JOURNAL [Session 

H.J.R. 591, a joint resolution honoring S. A. Holleman, the first mayor of the Town 
of Elon College, and the founders of the Town of Elon College on the Town's 
One-Hundredth Anniversary. (Res. 7) 



CALENDAR (Continued) 

S. B. 508, a bill to provide the same legal authority and limited liability to immigration 
and naturalization service agents who work with State and local officers as is accorded 
other federal officers. 

The bill passes its second (40-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 526, a bill to change the certification period of emergency medical technicians 
from two years to four years. 

The bill passes its second (38-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 538, a bill to allow area mental health, developmental disabilities, and 
substance abuse authorities to submit local plans in accordance with an extended 
schedule. 

The bill passes its second (40-0) and third readings and is ordered sent to the House of 
Representatives. 

The President recognizes the following pages serving in the Senate this week: Mary 
Minor Betts, Raleigh; Doron Boose, Raleigh; John Bullock, Roxboro; George Durham, 
Jr., Greensboro; J'Nai Everett, Greensboro; Joy Chantelle Fisher, Raleigh; Jamye 
LynneGunter, Cary; Joseph A. HayworthNI, High Point; Sarah Holthouser, Winston- 
Salem; Keith Huxley III, Raleigh; Robert W. LeGrande, Raleigh; Kathryn Harris 
Parnell, Charlotte; Amanda Brooke Prince, Tabor City; Magan Alexis Reiner, 
Winston-Salem; Michael D. Resar, Raleigh; Karim Shyllon, Cary; Maria Viverette, 
Cary; Brandi Kaye Warriax, Maxton; Rebeccah Catherine Weaver, Fuquay-Varina; 
Stacia Lynette Wood, Greensboro; and Tomica Wright, Greensboro. 

On motion of Senator Basnight, seconded by Senator Gunter, the Senate adjourns at 
7:49 P.M. to meet tomorrow, Tuesday, April 6, at 1:30 P.M. 



FORTY-FIRST DAY 

Senate Chamber, 
Tuesday, April 6, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Bill Haley, Pastor of Mt. Zion Baptist Church, 
Louisburg, as follows: 

"Heavenly Father, we thank You for the great blessing and honor that You have given 
those here to serve our great State. May this blessing be used by leaders to do what may 
not always be popular, but by what is right. This day give our law-making bodies vision 
as they seek to make ours a better society and give them the courage to lead us to that 
better society. Those in authority have a great responsibility by holding the public trust. 



April 6, 1993 



1993] SENATE JOURNAL 231 

There are many numerous problems which may plague us, but may we always remember 
that it is the people of our State whose lives we seek to enhance. We ask You, Lord, to 
give our leaders wisdom and discernment as they seek to meet the needs of the people of 
North Carolina. Grant us all Your Love and Your Peace. In Christ our Lord's Name. 
Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, April 5, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Lee, Senator Perdue, and Senator Kaplan. Senator Lee is present and withdraws his 
request for a leave of absence. 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Ballance: 

S . B . 700 , a bill in support of Desert Storm Veterans and other young citizens by decri- 
minalizing certain malt beverage sales and the possession of malt beverages by certain 
persons. 

Referred to Judiciary I Committee. 

By Senator Johnson: 

S.B. 701, a bill to authorize a fee for filing a UCC termination statement. 

Referred to Finance Committee. 

By Senator Parnell: 

S.B. 702, a bill to revise the manner of election of the Town of St. Pauls. 

Referred to Constitution and Election Laws Committee. 

By Senator Jordan: 

S.B. 703, a bill to expand the Pender County Board of Commissioners, to provide that 
each Commissioner shall be nominated and elected from a separate district, and to 
define the districts. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Jordan: 

S.B. 704, a bill to authorize Pender County to levy a one percent local land transfer 
tax. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Jordan: 

S.B. 705, a bill to expand the membership of the Pender County Board of Education, 
to provide that each member shall be elected only by the voters of a district, and to define 
the districts. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Codington: 

S.B. 706, a bill to authorize the Town of Wrightsville Beach to provide, by ordinance, 
that the owner of the property served is legally responsible for water, sewer, and solid 
waste fees and to impose a lien against the property served in the case of nonpayment. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 



April 6, 1993 



232 SENATE JOURNAL [Session 

By Senator Codington: 

S.B. 707, a bill to allow Pender County and its municipalities to specify by interlocal 
agreement a redistribution of local sales tax revenues not restricted by law. 
Referred to Finance Committee. 

By Senator Marshall: 

S.B. 708, a bill to allow Harnett County, the City of Dunn, and the Towns of Angier, 
Coats, Erwin, and Lillington to take into consideration prospective revenues generated 
by a development in arriving at the amount of consideration for an economic develop- 
ment conveyance. 

Referred to Economic Development Committee. 

By Senator Cooper: 

S.B. 709, a bill to clarify the treatment of layaway arrangements for purposes of the 
law of escheats and abandoned property. 
Referred to Judiciary I Committee. 

By Senator Cooper: 

S.B. 710, a bill to authorize Nash County to use the proceeds of its occupancy tax for 
economic development projects. 
Referred to Finance Committee. 

By Senators Conder and Plyler: 

S.B. 711, a bill to confirm the corporate limits of the Town of Troy, and modify the 
laws relating to satellite annexation which apply to that Town. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives transmitting the following bill 
which is read the first time and disposed of, as follows: 

H.B. 406 (Committee Substitute), a bill to authorize the establishment of an ABC 
store in the Town of Navassa. 

Referred to Local Government and Regional Affairs Committee. 



REMOVAL OF ENDORSEMENT 

S.B. 685, a bill to clarify that streets between developed lots or within neighborhoods 
may not be excluded from annexation density calculations. 

With unanimous consent, Senator Richardson withdraws his endorsement. 



ADDITIONAL ENDORSEMENT 

The following Senator requests to be recorded endorsing a bill previously introduced: 

By Senator Jordan: 

S.B. 696, a bill to promote the creation of health plan purchasing alliances to provide 
access to health benefits for employees of small employer groups and self-employed 
individuals. 



April 6, 1993 



1993] SENATE JOURNAL 233 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Edwards for the Economic Development Committee: 

S.B. 501, a bill to authorize Avery County to levy a room occupancy and tourism 
development tax on businesses in the County that are not subject to a municipal 
occupancy tax, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 509, a bill to add the Secretary of State as a member of the Economic Develop- 
ment Board, with a favorable report. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 498, a bill to correct two errors in the plan for merger of the public school systems 
in Rockingham County into one system. 

On motion of Senator Sands, consideration of the bill is postponed until Thursday, 
April 8. 

H. B. 166, a bill to provide that the Yadkin County Board of Education shall be elected 
to staggered four-year terms. 

On motion of Senator Simpson, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (42-0) and third readings and is ordered sent 
to the House of Representatives, for concurrence in Senate Amendment No. 1. 

H.B. 167, a bill to provide that members of the Yadkin County Board of Education 
shall take office on the first Monday in August after their election. 

On motion of Senator Simpson, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (41-0) and third readings and is ordered sent 
to the House of Representatives, for concurrence in Senate Amendment No. 1. 

H.B. 180, a bill to provide that the members of the Wilkes County Board of Education 
shall take office at their first meeting in June of the year of their election. 
The bill passes its second (39-0) and third readings and is ordered enrolled. 

H.B. 426, a bill to correct two errors in the plan for merger of the public school 
systems in Rockingham County into one system. 

The bill passes its second (42-0) and third readings and is ordered enrolled. 

S.B. 155, a bill to make technical and conforming changes to the revenue laws and 
related statutes, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 45, noes 0, as 
follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Cochrane, Codington, Conder, Cooper, Edwards, Folger, 
Forrester, Gulley, Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, 
Kincaid, Lee, Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, Plexico, 
Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, 
Walker, Ward, Warren, Winner of Buncombe, and Winner of Mecklenburg — 45. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 



April 6, 1993 



234 SENATE JOURNAL [Session 

S.B. 566 (Committee Substitute), a bill to conform North Carolina inheritance and 
gift tax provisions to federal estate and gift tax provisions regarding qualified terminable 
interest property, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 45, 
noes 0, as follows. 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Cochrane, Codington, Conder, Cooper, Edwards, Folger, 
Forrester, Gulley, Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, 
Kincaid, Lee, Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, Plexico, 
Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, 
Walker, Ward, Warren, Winner of Buncombe, and Winner of Mecklenburg — 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
Wednesday, April 7, for further consideration upon third reading. 

H.B. 101 (Senate Committee Substitute), a bill to be entitled an act to expand the 
current energy policy for State government to apply to the construction, operation, and 
renovation of State facilities and to the purchase, operation, and maintenance of 
equipment for such facilities. 

With unanimous consent, on motion of Senator Plexico, the Senate Committee 
Substitute bill is taken up out of its regular order of business. 

Senator Plexico offers Amendment No. 1 which is adopted (45-0), changing the title 
to read H.B. 101 (Senate Committee Substitute), a bill to be entitled an act to expand 
the current energy policy for State government to apply to the construction, operation, 
and renovation of State facilities and to the purchase, operation, and maintenance of 
equipment for such facilities. 

The Senate Committee Substitute bill, as amended, passes its second (45-0) and third 
readings and is ordered engrossed and sent to the House of Representatives, for 
concurrence in the Senate Committee Substitute bill. 

S.B. 53 (Committee Substitute) , a bill to clarify the authority that a county or city has 
to require participation in a recycling program. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 90 (Committee Substitute), a bill to promote the source reduction of waste in 
State purchasing. 

The Committee Substitute bill passes its second (44-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 125 (Committee Substitute), a bill to provide that a purchase money security 
interest continues when the underlying agreement is modified with same creditor and 
application of payments in a consumer credit sale is on the basis that the first payments 
shall be applied to the first purchase to satisfy that and other debts accordingly. 

On motion of Senator Winner of Buncombe, consideration of the Committee 
Substitute bill is postponed until tomorrow, Wednesday, April 7. 

S.B. 235, a bill to make the calculation for schools of fund balance available for 
appropriation the same as the calculation for other local governments. 

The bill passes its second (45-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 245, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Division of Medical Assistance and the Teachers' and 
State Employees' Comprehensive Major Medical Plan to assist the Department of 
Correction in efforts to secure automated claims processing support from a contractor. 

The bill passes its second (46-0) and third readings and is ordered sent to the House of 
Representatives. 



April 6, 1993 



1993] SENATE JOURNAL 235 

S.B. 277, a bill to implement a recommendation of the Government Performance 
Audit Committee relating to the funding formula used for the North Carolina Community 
College System. 

The bill passes its second reading (44-0) . 

Senator Ward objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, Wednesday, April 7, for further 
consideration, upon third reading. 

S.B. 496 (Committee Substitute) , a bill to implement a recommendation of the Child 
Fatality Task Force to establish an interagency committee to develop a child medical and 
mental health evaluation plan. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 532, a bill to provide that all interest expenses are deductible for inheritance tax 
purposes . 

On motion of Senator Winner of Buncombe, Committee Amendment No. 1 is 
adopted. 

The bill, as amended, passes its second (42-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 604 (Committee Substitute), a bill to designate the Office of Administrative 
Hearings as the deferral agency for cases under the Americans with Disabilities Act. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered sent to the House of Representatives. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting the 
following bill which is read the first time and disposed of, as follows: 

S.B. 699, a bill to modify the authority of Rockingham County to undertake local 
development activities, for concurrence in the House Committee Substitute bill, which 
changes the title, upon concurrence, to read S.B. 699 (House Committee Substitute) , a 
bill to modify the authority of Davie and Rockingham Counties to undertake local 
development activities, 

On motion of Senator Sands, the House Committee Substitute bill is placed on the 
Calendar for tomorrow, Wednesday, April 7. 



REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it and takes its place on the 
Calendar, as follows: 

By Senator Speed for the Transportation Committee: 

S.B. 563, a bill to extend the expiration date for private contract participation by the 
Department of Transportation, with a favorable report. 

On motion of Senator Basnight, seconded by Senator Plyler, the Senate adjourns at 
2:32 P.M. to meet tomorrow, Wednesday, April 7, at 1:30 P.M. 



April 6, 1993 



236 SENATE JOURNAL [Session 

FORTY-SECOND DAY 

Senate Chamber, 
Wednesday, April 7, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Gracious God, at the end of a day, if we were to document in ledger form what we 
have done that seems important over against all the mundane, menial tasks of that same 
day, the ledger would list heavily toward the latter. 

"In response to the frustration of that reality, a philosopher once said, 'Almost every- 
thing we do will be insignificant. But it's very important that we do it.' 

"Let us join hands in order to complete all the insignificant tasks that confront us so 
that much will be accomplished. Then we will understand Your words to us in parable, 
'Well done good and faithful servant; you have been faithful over a little, I will set you 
over much. . . ' Amen. " 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, April 6, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence to Senator Perdue for 
today and tomorrow, April 8. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the Office of the Secretary of State: 

H. B. 180, an act to provide that the members of the Wilkes County Board of Educa- 
tion shall take office at their first meeting in June of the year of their election. (Ch. 14) 

H.B. 426, an act to correct two errors in the plan for merger of the public school 
systems in Rockingham County into one system. (Ch. 15) 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Walker for the Children and Human Resources Committee: 

S.B. 227, a bill to ban corporal punishment from certain "nonregistered" day care 
that receives reimbursement from the State, with a favorable report. 

S.B. 554, a bill to permit area mental health authorities to serve as managed care 
providers, with a favorable report. 

By Senator Seymour for the Public Utilities Committee: 

H.B. 94, a bill to abolish the North Carolina Energy Development Authority, with a 
favorable report. 



April 7, 1993 



1993] SENATE JOURNAL 237 

By Senator Winner of Buncombe for the Finance Committee: 

S.B. 161, a bill to allow all trailers to obtain multiyear license plates, to allow owners 
of horseless carriages to obtain multiyear license plates, to clarify the definition of semi- 
trailer, and to make technical and administrative changes to the laws concerning special 
license plates, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Winner of Buncombe, the rules are suspended, and the 
proposed Committee Substitute bill 6606, which changes the title to read S.B. 161 
(Committee Substitute) , a bill to allow all trailers to obtain multiyear license plates , to 
redefine a "horseless carriage" as a vehicle that is a model year 1943 or older, to autho- 
rize the Division of Motor Vehicles to issue specialized registration plates bearing the 
emblem of a civic club, and to make technical and administrative changes to the laws 
concerning special license plates, is placed before the Senate for immediate consider- 
ation. 

On motion of Senator Winner of Buncombe, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, Thursday, April 8, for further consideration. 

By Senator Edwards for the Economic Development Committee: 

S.B. 619, a bill to allow Nash County to take into consideration prospective revenues 
generated by a development in arriving at the amount of consideration for an economic 
development conveyance, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Edwards, the proposed Committee Substitute bill 6604, which 
changes the title to read S.B. 619 (Committee Substitute), a bill to allow the City of 
Rocky Mount and Nash County to take into consideration prospective revenues gener- 
ated by a development in arriving at the amount of consideration for an economic devel- 
opment conveyance, is placed before the Senate for immediate consideration. 

On motion of Senator Edwards, the Committee Substitute bill is adopted, and 
pursuant to Rule 43, is re-referred to the Finance Committee. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Kerr: 

S.B. 712, a bill to appropriate funds for Wayne Community College campus building 
construction. 

Referred to Capital Expenditures Committee. 

By Senator Kerr: 

S.B. 713, a bill to appropriate funds for a headquarters building and an equipment 
storage facility in Wayne County. 

Referred to Capital Expenditures Committee. 

By Senators Kerr, Cooper, Sands, Daniel, Soles, Ballance, and Gunter: 
S.B. 714, a bill to authorize access to information relevant to noncriminal violations 
of the law from the Police Information Network. 
Referred to Judiciary I Committee. 

By Senators Kerr and Allran: 

S.B. 715, a bill to promote the use of printing facilities in North Carolina by providing 
that an out-of-state entity who contracts with a North Carolina printer is not doing 
business in North Carolina for tax purposes incident to printing. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Finance Committee. 



April 7, 1993 



238 SENATE JOURNAL [Session 

By Senator Kerr: 

S.B. 716, a bill to provide that a partnership may qualify for the corporate income tax 
credit for construction of a cogenerating power plant, to provide an alternative method to 
calculate the credit, and to clarify that a partnership may pass an income tax credit 
through to its partners. 

Referred to Public Utilities Committee and upon a favorable report, re-referred to 
the Finance Committee. 

By Senator Kerr: 

S.B. 717, a bill to appropriate funds for operating expenses of the sheltered workshop 
in Wayne County. 

Referred to Appropriations Committee. 

By Senator Shaw: 

S.B. 718, a bill to consolidate the regulatory authority over banks, credit unions, 
savings and loans, and savings banks into a new Financial Institutions Regulatory 
Board, and to make conforming changes to the General Statutes. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Harris, Codington, and Forrester: 

S.B. 719, a bill to make various amendments to the Medical Practice Act. 
Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Harris: 

S.B. 720, a bill concerning redisricting for local elections in Cleveland County. 

Referred to Constitution and Election Laws Committee. 

By Senators Harris and Hoyle: 

S.B. 721 , a bill to appropriate funds for the completion of the Cleveland County Area 
Mental Health, Developmental Disabilities, and Substance Abuse Program's building. 
Referred to Capital Expenditures Committee. 

By Senator Forrester: 

S.B. 722, a bill to provide for health insurance coverage for uninsured North 
Carolinians. 

Referred to Insurance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Cochrane, Daniel, Folger, Kaplan, Lee, Martin of Guilford, Sands, 
Seymour, Shaw, Smith, Walker, and Ward: 

S.B. 723, a bill to appropriate funds to the Board of Governors for construction of a 
film school at the North Carolina School of the Arts. 

Referred to Capital Expenditures Committee. 

By Senator Smith: 

S.B. 724, a bill to establish the High Rock Lake Marine Commission. 
Referred to Agriculture, Marine Resources, and Wildlife Committee and 
upon a favorable report, re-referred to the Finance Committee. 

By Senator Richardson: 

S.B. 725, a bill to modify the percentage of sales that must be attributable to food and 
nonalcoholic beverages by restaurant permittees. 
Referred to Judiciary I Committee. 



April 7, 1993 



1993] SENATE JOURNAL 239 

By Senator Richardson: 

S.B. 726, a bill to regulate Sunday sales and consumption of alcoholic beverages. 

Referred to Judiciary I Committee. 

By Senator Jordan: 

S.B. 727, a bill to authorize Pender County to convey to the Willard Outreach 
Organization, Inc., certain real property at private sales. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Cochrane and Smith: 

S.B. 728, a bill to carry school suspensions for acts causing injury over to the 
subsequent school year. 

Referred to Judiciary I Committee. 

By Senator Speed: 

S.B. 729, a bill to merge the Franklin County and Franklinton City School 
Administrative Units. 

Referred to Education/Higher Education Committee. 

By Senator Speed: 

S.B. 730, a bill to revise and consolidate the Charter of the Town of Franklinton. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

RE-REFERRAL 

S.B. 709, a bill to clarify the treatment of layaway arrangements for purposes of the 
law of escheats and abandoned property, referred to Judiciary I Committee on 
April 6. 

Senator Ballance offers a motion that the rules be suspended and the bill be taken from 
the Judiciary I Committee and re-referred to the Judiciary II Committee, which 
motion prevails with unanimous consent. 

The Chair orders the bill re-referred to the Judiciary II Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

H. B. 31 (Committee Substitute) , a bill to modify the annual rental charged for water 
column leases. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and 
upon a favorable report, re-referred to the Finance Committee. 

H. B. 77, a bill to make conforming changes to the law providing for individual income 
tax adjustments and to provide that expenses paid in connection with interest earned on 
obligations are deductible from an individual' s taxable income to the extent the interest is 
taxable. 

Referred to Finance Committee. 

H. B. 379 (Committee Substitute) , a bill to allow Halifax County to create fire protec- 
tion districts in which fire protection is funded by fees rather than taxes. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 399 (Committee Substitute), a bill to provide additional procedures for 
Alexander County to increase the size of rural fire protection districts. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 



April 7, 1993 



240 SENATE JOURNAL [Session 

H.B. 619, a bill to delay the sunset on the Notice of Settlement Act. 
Referred to Judiciary II Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 699 (House Committee Substitute), a bill to modify the authority of Davie and 
Rockingham Counties to undertake local development activities, for concurrence in the 
House Committee Substitute bill. 

The Senate fails to concur in the House Committee Substitute bill (0-47). 

A message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

S.B. 566 (Committee Substitute), a bill to conform North Carolina inheritance and 
gift tax provisions to federal estate and gift tax provisions regarding qualified terminable 
interest property, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 45, noes 
0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Cochrane, Codington, Conder, Cooper, Edwards, Folger, 
Forrester, Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, Kincaid, 
Lee, Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, Plexico, Plyler, 
Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, 
Walker, Ward, Warren, Winner of Buncombe, and Winner of Mecklenburg — 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 125 (Committee Substitute), a bill to provide that a purchase money security 
interest continues when the underlying agreement is modified with same creditor and 
application of payments in a consumer credit sale is on the basis that the first payments 
shall be applied to the first purchase to satisfy that and other debts accordingly. 

Senator Winner of Buncombe offers Amendment No. 1 which is adopted (46-0). 

The Committee Substitute bill, as amended, passes its second (47-1) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

S.B. 509, a bill to add the Secretary of State as a member of the Economic 
Development Board. 

The bill passes its second reading (47-0). 

Senator Kaplan objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, Thursday, April 8, for further 
consideration, upon third reading. 

S.B. 563, a bill to extend the expiration date for private contract participation by the 
Department of Transportation. 

The bill passes its second reading (47-1) and third readings and is ordered sent to the 
House of Representatives. 

S.B. 277, a bill to implement a recommendation of the Government Performance 
Audit Committee relating to the funding formula used for the North Carolina Community 
College System, upon third reading. 

The bill passes its third reading and is ordered sent to the House of Representatives. 

REPORT TO GENERAL ASSEMBLY 

An Agency directed to report to the General Assembly submits a report 
(see Addendum) which is ordered placed on file in the Legislative Library, as follows: 



April 7, 1993 



1993] SENATE JOURNAL 241 

Pursuant to Section 139(a), Chapter 900 of the 1991 Session Laws, the North 
Carolina Department of Human Resources submits its Report of the Child Protective 
Services Management Task Force. 



APPOINTMENT OF CONFERENCE COMMITTEE 

S.B. 699 (House Committee Substitute), a bill to modify the authority of Davie and 
Rockingham Counties to undertake local development activities. 

Upon the failure of the Senate to concur earlier today, Senator Sands offers a motion 
that the Senate do appoint conferees, which motion prevails. 

The President Pro Tempore appoints Senators Sands (Chairman) , Folger, and Cooper 
as conferees on the part of the Senate to resolve the differences arising between the two 
Bodies, and a message is ordered sent to the House of Representatives informing that 
Honorable Body of such action and requesting conferees. 



REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Folger for the Local Government and Regional Affairs 
Committee: 

S.B. 510, a bill to provide for the separate election of the Mayor of Connelly Springs, 
with a favorable report. 

S.B. 551, a bill to amend Chapter 1073 of the 1959 Session Laws to provide that the 
Sheriff issue Duplin County weapon permits, with a favorable report. 

S.B. 557, a bill to revise and consolidate the Charter of the City of Lowell, with a 
favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

H.B. 162, a bill concerning annexation of certain property by the Town of Clayton, 
with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

H.B. 406 (Committee Substitute), a bill to authorize the establishment of an ABC 
store in the Town of Navassa, with a favorable report. 

S.B. 667, a bill to provide for a referendum on removing Carolina Shores Village from 
the Town of Calabash, subject to the approval of the residents of either Districts #1 and 
#2 of the Town of Calabash, and allowing the residents of Carolina Shores Village to vote 
on whether to incorporate, with a favorable report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Finance Committee. 

S.B. 130, a bill to modify the distribution of the profits from the City of Monroe ABC 
System, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Folger, the rules are suspended, and the proposed Committee 
Substitute bill 3594 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 



April 7, 1993 



242 SENATE JOURNAL [Session 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, Thursday, April 8, for further consideration. 

By Senator Cooper for the Judiciary II Committee: 

S.B. 108, a bill to amend the statute of repose for products liability actions, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed Committee 
Substitute bill 5596, which changes the title to read S.B. 108 (Committee Substitute) , a 
bill to amend the statute of repose for products liability actions and to recodify the statute 
of repose for actions against registered land surveyors, is placed before the Senate for 
immediate consideration. 

On motion of Senator Cooper, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, Thursday, April 8, for further consideration. 

S.B. 109, a bill requiring certain detail in the decisions and reports of the OSHA 
Review Board, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Cooper, the rules are suspended, and the proposed Committee 
Substitute bill 3606 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, Thursday, April 8, for further consideration. 

RE-REFERRAL 

S.B. 631, a bill to amend the North Carolina Practicing Psychologist Licensing Act, 
referred to Children and Human Resources Committee on March 30. 

Senator Walker offers a motion that the rules be suspended and the bill be taken from 
the Children and Human Resources Committee and re-referred to the 
Judiciary II Committee, which motion prevails with unanimous consent. 

The Chair orders the bill re-referred to the Judiciary II Committee. 

On motion of Senator Basnight, seconded by Senator Carpenter, the Senate adjourns 
at 2:16 P.M. to meet tomorrow, Thursday, April 8, at 1:30 P.M. 



FORTY-THIRD DAY 

Senate Chamber, 
Thursday, April 8, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Loving God, salvation history, that is what this Holy Week is all about. We celebrate 
it in different ways, from synagogues and grand cathedrals to one room country 
churches, from Passover to a hill called Golgotha and an empty tomb. It is a time when 
we remember how You rescued us from evil, death, from bondage to our own humanity. 

"That You saved us is^a gift, not some sort of achievement on our part. We can make 
ourselves moral. We can even make ourselves religious. But we can't make ourselves 
love. 



April 8, 1993 



1993] SENATE JOURNAL 243 

"'We love,' John says, 'because You first loved us.' To Your Glory and our 
salvation, we pray. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, April 7, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Edwards, and to Senator Allran, due to personal reasons. Senator Perdue, previously 
granted a leave of absence, is noted present. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Harris for the Pensions and Retirement Committee: 

S.B. 600, a bill to amend the Legislative Retirement System, the Local Governmental 
Employees' Retirement System, the Teachers' and State Employees' Retirement 
System, and the Consolidated Judicial Retirement System to comply with the Internal 
Revenue Code, with a favorable report. 

The bill, ordered sequentially referred to the Appropriations Committee on 
March 29, is, on motion of Senator Harris, placed on the Calendar for Tuesday, 
April 13, for consideration. 

S.B. 615, a bill to make the effective date of the law increasing death benefits for 
teachers and State employees the date of ratification of that Act, with a favorable report. 
Pursuant to Rule 43, the bill is referred to the Appropriations Committee. 

By Senator Parnell for the Insurance Committee: 

S.B. 7, a bill to require the Commissioner of Insurance to develop and require uniform 
forms for the submission of claims under an accident or health insurance policy, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended, and the Committee Substitute 
bill 3611, which changes the title to read, S.B. 7 (Committee Substitute), a bill to 
require the Commissioner of Insurance to develop and require uniform forms for the 
submission of claims under health benefit plans, to establish fees for copies of medical 
records, and to require written notice of claim denial, is placed before the Senate for 
immediate consideration. 

On motion of Senator Parnell, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, April 12, for further consideration. 

S.B. 500, a bill to require prostate-specific antigen (PSA) test coverage in health and 
accident insurance policies, in hospital or medical services plans, and in HMO plans, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended, and the proposed Committee 
Substitute bill 7648 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, April 12, for further consideration. 

S.B. 574, a bill to amend the Statutes relating to insurance premium financing, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended, and the proposed Committee 
Substitute bill 5604 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 



April 8, 1993 



244 SENATE JOURNAL [Session 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, April 12, for further consideration. 

By Senator Cooper for the Judiciary II Committee: 

S.B. 592, a bill to amend the General Statutes pertaining to public health remedies, 
with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Finance Committee. 

By Senator Kaplan for the Capital Expenditures Committee: 

S.B. 470 (Committee Substitute), a bill to exempt joint municipal power agencies 
from the State bidding laws in the construction of electric generation and transmission 
projects, with a favorable report. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Shaw and Carpenter: 

S.B. 731, a bill to allow evidence of a lack of seat belt usage to be admitted in a 
criminal or civil proceeding. 

Referred to Judiciary I Committee. 

By Senator Seymour: 

S.B. 732, a bill to conform State gas pipeline penalty standards to the newly enacted 
amendments to the Federal Natural Gas Pipeline Safety Act of 1968. 
Referred to Public Utilities Committee. 

Senator Sands offers a motion that the remaining bills filed for introduction today, be 
read the first time and referred to committee upon the completion of today's Calendar, 
which motion prevails. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

H.B. 61, a bill to amend Chapter 146 - State Lands, to modify references to Governor 
and Council of State to read Council of State, consistent with Article III of the North 
Carolina Constitution. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 207, a bill to expand the Bostian Heights Fire District in Rowan County. 
Referred to Local Government and Regional Affairs Committee. 



REPORTS OF COMMITTEES 

A select committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them and take their place on 
the Calendar, as follows: 



April 8, 1993 



1993] SENATE JOURNAL 245 

By Senator Martin of Guilford for the Government Performance Audit Select 
Committee: 

S.B. 252, a bill to implement a recommendation of the Government Performance 
Audit Committee to develop and monitor the outcome measures for major State 
programs, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Martin of Guilford, the rules are suspended, and the proposed 
Committee Substitute bill A624, which changes the title to read S.B. 252 (Committee 
Substitute), a bill to implement a recommendation of the Government Performance 
Audit Committee to develop and monitor the outcome measures for major State 
programs, to establish and implement a State strategic planning process, and to require 
that the Governor submit to the General Assembly and the General Assembly enact a 
budget that focuses on program results, is placed before the Senate for immediate 
consideration. 

On motion of Senator Martin of Guilford, the Committee Substitute bill is adopted, 
and on his further motion is re-referred to the Appropriations Committee. 

S.B. 412, a bill to implement a recommendation of the Government Performance 
Audit Committee to initiate systematic, in-depth evaluations of program results, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Martin of Guilford, the rules are suspended, and the proposed 
Committee Substitute bill 9634, which changes the title to read S.B. 412 (Committee 
Substitute) , a bill to create a Legislative Audit Subcommittee of the Joint Legislative 
Commission on Governmental Operations, to provide for program evaluation, to provide 
a limited number of exempt positions for performance audit staff, and to provide funds 
for contractual audit and expert services, is placed before the Senate for immediate 
consideration. 

On motion of Senator Martin of Guilford, the Committee Substitute bill is adopted, 
and on his further motion is re-referred to the Appropriations Committee. 

S.B. 262, a bill to implement a recommendation of the Government Performance 
Audit Committee to expand the single sum appropriation pilot program to other State 
agencies, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is referred to the Appropriations 
Committee. 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Perdue, Chairman, for Senator Warren, Vice Chairman, for the 
Education/Higher Education Committee: 

S.B. 233, a bill to exempt teachers enrolled in courses to complete State Board of 
Education certification requirements from the twelve-month durational requirements of 
the University of North Carolina residency test, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 12, a bill to establish a grant program to strengthen family resources and 
appropriate funds for its implementation, as amended by the Children and Human 
Resources Committee, with a favorable report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendments No. 4 and No. 5 are adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Appropriations Committee. 

S.B. 28, a bill to amend the Constitution to change the composition of the State Board 
of Education, to make the Superintendent of Public Instruction an appointee of the State 



April 8, 1993 



246 SENATE JOURNAL [Session 

Board of Education, and to make corresponding statutory changes, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Perdue, the proposed Committee Substitute bill 6608 is placed 
before the Senate for immediate consideration, and on her further motion is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Constitution 
and Election Laws Committee. 

S.B. 248, a bill to require that former legislators wait two years before serving on the 
Board of Governors of the University of North Carolina, with a favorable report. 

S.B. 451, a bill to implement a recommendation of the Education Leadership Task 
Force and the Joint Legislative Education Oversight Committee to plan for the 
establishment of a school leadership academy to enhance the quality of ongoing 
professional development for school administrators, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 546, a bill to place the Superintendent of Public Instruction on the Commission 
on Children with Special Needs, with a favorable report. 

H.B. 412, a bill to change the method of electing the Perquimans County Board of 
Education to improve the opportunity for minority citizens to elect candidates of their 
choice, with a favorable report. 

RECOMMITALS 

S.B. 367, a bill to implement a recommendation of the Government Performance 
Audit Committee for the adoption of rules by the State Personnel Commission regarding 
State law enforcement officers, referred to the Appropriations Committee on 
April 5. 

Senator Martin of Guilford offers a motion the the rules be suspended and the bill be 
taken from the Appropriations Committee and recommitted to the Government 
Performance Audit Select Committee, which motion prevails, with unanimous 
consent. 

The Chair orders the bill recommitted to the Government Performance Audit 
Select Committee. 

S.B. 369, a bill to implement recommendations of the Government Performance 
Audit Committee regarding the civilianization of certain job classes of State law enforce- 
ment officers, referred to the Appropriations Committee on April 5. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Appropriations Committee and recommitted to the Government 
Performance Select Committee, which motion prevails, with unanimous consent. 

The Chair orders the bill recommitted to the Government Performance Audit 
Select Committee. 

S.B. 190, a bill to implement a recommendation of the Government Performance 
Audit Committee to restructure the Department of Commerce by eliminating unneces- 
sary personnel and combining redundant programs, referred to the Appropriations 
Committee on April 5. 

Senator Martin of Guilford offers a motion the the rules be suspended and the bill be 
taken from the Appropriations Committee and recommitted to the Government 
Performance Audit Select Committee, which motion prevails, with unanimous 
consent. 

The Chair orders the bill recommitted to the Government Performance Audit 
Select Committee. 

S.B. 193, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish an Economic Development Council in the Department of 



April 8, 1993 



1993] SENATE JOURNAL 247 

Commerce to replace the current Economic Development Board, to require the Council 
to prepare and update annually an economic development plan for the State of North 
Carolina, and to require the Department of Commerce to establish a planning unit to 
support the Economic Development Council's ongoing role in economic and community 
development planning, referred to the Appropriations Committee on April 5. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Appropriations Committee and recommitted to the Government 
Performance Audit Select Committee, which motion prevails, with unanimous 
consent. 

The Chair orders the bill recommitted to the Government Performance Audit 
Select Committee. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S. B. 498, a bill to correct two errors in the plan for merger of the public school systems 
in Rockingham County into one system. 

With unanimous consent, on motion of Senator Sands, the bill is taken up out of its 
regular order of business. 

On motion of Senator Sands, the bill is re-referred to the Rules and Operation of 
the Senate Committee. 

S.B. 130 (Committee Substitute), a bill to modify the distribution of the profits from 
the City of Monroe ABC System. 

The Committee Substitute bill passes its second and third readings and is ordered sent 
to the House of Representatives. 

S.B. 510, a bill to provide for the separate election of the Mayor of Connelly Springs. 
The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 551, a bill to amend Chapter 1073 of the 1959 Session Laws to provide that the 
Sheriff issue Duplin County weapon permits. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

H.B. 406 (Committee Substitute), a bill to authorize the establishment of an ABC 
store in the Town of Navassa. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

S.B. 161 (Committee Substitute) , a bill to allow all trailers to obtain multiyear license 
plates, to redefine a "horseless carriage" as a vehicle that is a model year 1943 or older, 
to authorize the Division of Motor Vehicles to issue specialized registration plates bearing 
the emblem of a civic club, and to make technical and administrative changes to the laws 
concerning special license plates, upon second reading. 

Without objection, on motion of Senator Kerr, the Committee Substitute bill is 
temporarily displaced. 

S.B. 108 (Committee Substitute), a bill to amend the statute of repose for products 
liability actions and to recodify the statute of repose for actions against registered land 
surveyors . 

On motion of Senator Plyler, consideration of the Committee Substitute bill is 
postponed until Wednesday, April 14. 

S.B. 109 (Committee Substitute), a bill requiring certain detail in the decisions and 
reports of the OSHA Review Board. 

On motion of Senator Plyler, consideration of the Committee Substitute bill is 
postponed until Wednesday, April 14. 



April 8, 1993 



248 SENATE JOURNAL [Session 

S.B. 227, a bill to ban corporal punishment from certain "nonregistered" day care 
that receives reimbursement from the State, as amended. 

Senator Richardson offers Amendment No. 2 which is adopted (37-0). 

The bill, as amended, passes its second (44-2) and third readings and is ordered 
engrossed and sent to the House of Representatives. 



INTRODUCTION OF BILL 

Senator Basnight offers a motion that Rule 40 be suspended to allow the introduction of 
the following bill, which motion prevails by a two-thirds majority vote. 

By Senator Daniel: 

S.B. 810, a bill to transfer Caswell and Person Counties to newly created Judicial and 
Prosecutorial Districts 9 A and to appropriate funds. 
Referred to Appropriations Committee. 



CALENDAR (Continued) 

S.B. 554, a bill to permit area mental health authorities to serve as managed care 
providers. 

On motion of Senator Daniel, consideration of the bill is postponed until Tuesday, 
April 13. 

H.B. 94, a bill to abolish the North Carolina Energy Development Authority. 
The bill passes its second (46-0) and third readings and is ordered enrolled. 

S.B. 161 (Committee Substitute) , a bill to allow all trailers to obtain multiyear license 
plates, to redefine a "horseless carriage" as a vehicle that is a model year 1943 or older, 
to authorize the Division of Motor Vehicles to issue specialized registration plates bearing 
the emblem of a civic club, and to make technical and administrative changes to the laws 
concerning special license plates, temporarily displaced earlier, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 45, 
noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Ballance, Basnight, Blackmon, 
Carpenter, Cochrane, Codington, Conder, Cooper, Daniel, Folger, Forrester, Gulley, 
Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, Kaplan, Kerr, Lee, 
Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, Perdue, Plexico, Plyler, 
Richardson, Sands, Seymour, Shaw, Smith, Soles, Speed, Tally, Walker, Ward, 
Warren, Winner of Buncombe, and Winner of Mecklenburg — 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for Monday, 
April 12, for further consideration upon third reading. 

S.B. 509, a bill to add the Secretary of State as a member of the Economic 
Development Board, upon third reading. 

The bill passes its third reading and is ordered sent to the House of Representatives. 



APPOINTMENTS BY THE PRESIDENT PRO TEMPORE 

Pursuant to G.S. 120-70.50, Senator Basnight, President Pro Tempore, appoints the 
following Senators to the Joint Legislative Highway Oversight Committee: 
Senator Lee, Co-Chairman 
Senators Hunt, Marshall, Martin of Pitt, Plexico, Simpson, Smith, and Speed. 



April 8, 1993 






1993] SENATE JOURNAL 249 

INTRODUCTION OF BILLS (Continued) 

Pursuant to the motion prevailing earlier today, bills filed for introduction are 
presented to the Senate, read the first time, and disposed of, as follows: 

By Senators Sherron, Cochrane, Seymour, Carpenter, and Speed: 

S.B. 733, a bill to establish a North Carolina Park Authority, to establish a Park Fund 

of North Carolina for land acquisition and capital projects at State parks and city and 

county parks, and to fund the Park Fund of North Carolina primarily from the deed 

stamp tax. 

Referred to State Personnel and State Government Committee and upon a 

favorable report, re-referred to the Finance Committee and upon a favorable report, 

re-referred to the Appropriations Committee. 

By Senators Sherron, Cochrane, Seymour, Carpenter, and Speed: 
S.B. 734, a bill to require the Department of Environment, Health, and Natural 
Resources to pilot the collection of entrance fees at certain State parks. 
Referred to Finance Committee. 

By Senators Sherron, Cochrane, Seymour, Carpenter, and Speed: 
S.B. 735, a bill to amend the Natural and Scenic Rivers Act to strengthen the 
protection of rivers and the rivers designation process and to require approval by the 
Department of Environment, Health, and Natural Resources of county land-use 
controls prior to designation of rivers. 

Referred to State Personnel and State Government Committee. 

By Senators Sherron, Carpenter, and Blackmon: 

S.B. 736, a bill to establish the North Carolina Partnership for Quality Growth. 
Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Sherron, Carpenter, and Blackmon: 

S.B. 737, a bill to appropriate funds to the North Carolina Partnership for Quality 
Growth for operations and support. 

Referred to Appropriations Committee. 

By Senators Sherron and Carpenter: 

S.B. 738, a bill to increase the qualification requirements and authorize an increase in 
fees for persons holding real estate licenses as recommended by the North Carolina Real 
Estate Commission and to change the title of real estate salesman to real estate 
salesperson. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Sherron and Carpenter: 

S.B. 739, a bill to establish a study commission on certain certificates of 
participation. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Sherron and Carpenter: 

S.B. 740, a bill to authorize the Secretary of Administration to develop a term 
contract for the purchase of personal computer equipment, and to require purchases of 
personal computer equipment to be reported to the Department of Administration. 

Referred to State Personnel and State Government Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 



April 8, 1993 



250 SENATE JOURNAL [Session 

By Senators Sherron and Carpenter: 

S.B. 741, a bill to create the Joint Legislative Information Technology Oversight 
Committee. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Sherron and Carpenter: 

S.B. 742, a bill to modify the administrative structure of the Teachers' and State 
Employees' Comprehensive Major Medical Plan. 

Referred to State Personnel and State Government Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Sherron and Carpenter: 

S.B. 743, a bill to prohibit the Employment Security Commission from establishing a 
data processing center separate from the State Information Processing Services Data 
Center. 

Referred to State Personnel and State Government Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Sherron and Carpenter: 

S.B. 744, a bill to amend various statutes to delete obsolete references to warrants 
issued by the State Auditor, to make technical corrections in references to the State 
Auditor's oversight, and to repeal Chapter 112 of the General Statutes Confederate 
Homes and Pensions. 

Referred to State Personnel and State Government Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Sherron and Carpenter: 

S.B. 745, a bill to appropriate funds to the Department of Agriculture for food 
program expansion. 

Referred to Appropriations Committee. 

By Senators Sherron and Carpenter: 

S.B. 746, a bill to clarify the law with regard to the rejection of competitive bids for 
goods and services. 

Referred to State Personnel and State Government Committee. 

By Senators Sherron and Carpenter: 

S.B. 747, a bill to appropriate funds to the Office of the State Controller to support the 
Information Resources Management Commission. 
Referred to Appropriations Committee. 

By Senators Sherron and Carpenter: 

S.B. 748, a bill to amend the Land Records Management Program to provide that the 
Secretary of State appoint the members of the Advisory Committee and to include a 
member of the North Carolina Property Mappers' Association on the Advisory 
Committee. 

Referred to State Personnel and State Government Committee. 

By Senators Sherron and Carpenter: 

S.B. 749, a bill to modify the laws administered by the Office of the State Controller in 
operating a central payroll system. 
Referred to Finance Committee. 

By Senators Sherron and Carpenter: 

S.B. 750, a bill to allow public and State hospitals to donate surplus medical 
equipment to nonprofit corporations or government agencies which will distribute the 
property to hospitals and health agencies in other countries. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Finance Committee. 



April 8, 1993 



1993] SENATE JOURNAL 251 

By Senators Sherron, Carpenter, and Martin of Pitt: 

S.B. 751, a bill to amend the law for the North Carolina Capital Planning Commis- 
sion to allow for a meeting to be called by five members of the Commission. 

Referred to State Personnel and State Government Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Sherron, Carpenter, and Martin of Pitt: 

S.B. 752, a bill to temporarily exempt certain State real property records from public 
inspection and examination. 

Referred to Judiciary II Committee. 

By Senators Sherron, Carpenter, and Martin of Pitt: 

S.B. 753, a bill to abolish the North Carolina Energy Development Authority. 

Referred to State Personnel and State Government Committee. 

By Senators Sherron, Carpenter, and Martin of Pitt: 

S.B. 754, a bill to amend the laws governing the acquisition, disposition, and 
management of State real property. 

Referred to State Personnel and State Government Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Sherron, Carpenter, and Martin of Pitt: 

S.B. 755, a bill to temporarily exempt certain public real property records from public 
inspection and examination. 

Referred to Judiciary II Committee. 

By Senators Sherron, Carpenter, and Martin of Pitt: 

S.B. 756, a bill to authorize the Legislative Research Commission to continue the 
study of the State Real Property Transfers Study Commission. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Sherron and Carpenter: 

S.B. 757, a bill to modify the benefit restrictions for reemployed retirees in the Local 
Governmental Employees' Retirement System, in the Teachers' and State Employees' 
Retirement System, and in the Consolidated Judicial Retirement System. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Sherron and Carpenter: 

S.B. 758, a bill to allow the filing of an affidavit by the Secretary of Transportation or 
by an officer of the railroad to state an intention to preserve a railroad easement for future 
transportation purposes and negate the presumption of abandonment. 

Referred to Transportation Committee. 

By Senators Sherron and Carpenter: 

S.B. 759, a bill to make employees personally liable for costs associated with State 
contracts entered into in violation of purchase and contract laws and rules. 
Referred to Judiciary II Committee. 

By Senators Sherron and Carpenter: 

S.B. 760, a bill to prohibit purchasing agents in all State agencies from accepting gifts 
and favors from vendors. 

Referred to Judiciary I Committee. 



April 8, 1993 



252 SENATE JOURNAL [Session 

By Senators Sherron and Carpenter: 

S. B. 761, a bill to require the Governor's Coordinating Committee on the Americans 
with Disabilities Act to report quarterly to the Joint Legislative Commission on 
Governmental Operations. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Sherron and Carpenter: 

S.B. 762, a bill to appropriate funds for a new multipurpose exhibit building at the 
State Fair. 

Referred to Appropriations Committee. 

By Senators Sherron and Carpenter: 

S.B. 763, a bill to provide that the minimum size requirements for taxation of a farm 
at use value apply to the combined area of all tracts in the farm unit. 
Referred to Finance Committee. 

By Senators Sherron and Carpenter: 

S.B. 764, a bill to remove the deadline on applications for refunds from the Teachers' 
and State Employees' Retirement System and the Local Governmental Employees' 
Retirement System for cooperative agricultural extension service employees. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Sherron and Carpenter: 

S.B. 765, a bill to provide that social hosts providing alcoholic beverages to adult 
guests shall not be liable for damages to or caused by those adult guests. 
Referred to Judiciary II Committee. 

By Senators Sherron, Carpenter, and Martin of Pitt: 

S.B. 766, a bill to amend Chapter 146 - State Lands, to modify references to 
Governor and Council of State to read Council of State, consistent with Article III of the 
North Carolina Constitution. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Odom, Richardson, and Blackmon: 

S.B. 767, a bill to modify the authority of Mecklenburg County and the City of 
Charlotte to undertake local development activities. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Local Government and Regional Affairs 
Committee. 

By Senators Odom, Richardson, Blackmon, and Winner of Mecklenburg: 

S.B. 768, a bill to allow the City of Charlotte to enter into a joint development project. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Odom: 

S.B. 769, a bill to exempt the Towns of Cornelius, Davidson, and Huntersville from 
certain zoning notice requirements. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Daniel, Perdue, Gunter, Richardson, Hyde, Soles, Seymour, Kaplan, 
Ward, Speed, Jordan, Tally, Winner of Mecklenburg, Lee, Plexico, Gulley, Albertson, 
Warren, Ballance, Marshall, Hunt, Edwards, Hartsell, Martin of Pitt, Martin of 
Guilford, Walker, and Cochrane: 

S.B. 770, a bill to remove barriers in the Teachers' and State Employees' 
Comprehensive Major Medical Plan so as to provide reimbursement to registered nurses 
providing services within the scope of their practice. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 



April 8, 1993 



1993] SENATE JOURNAL 253 

By Senators Daniel, Perdue, Gunter, Richardson, Hyde, Soles, Seymour, Ward, 
Speed, Jordan, Kaplan, Winner of Mecklenburg, Lee, Plexico, Tally, Albertson, 
Warren, Gulley, Edwards, Ballance, Hunt, Martin of Guilford, Marshall, Martin of 
Pitt, Hartsell, and Walker: 

S.B. 771, a bill to remove barriers in insurance policies and plans to provide for 
reimbursement to registered nurses providing services within the scope of their practice. 

Referred to Insurance Committee. 

By Senators Gulley and Hunt: 

S.B. 772, a bill clarifying the authority of the City of Durham to permit the closing of 
unopened streets, the retention of utility easements, and the division of right-of-way in 
typical street closings, and establishing procedures for appeals of street closings. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Gulley and Hunt: 

S.B. 773, a bill amending the Charter of the City of Durham concerning the effective 
dates of ordinances annexing territory to the City and annexations by petition. 

Referred to Local Government and Regional Affair Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Gulley and Hunt: 

S.B. 774, a bill to amend the Charter of the City of Durham to authorize the City 
Council to delegate to the City Manager the authority to make, approve, award, and 
execute service contracts and make contracts for the purchase of apparatus, supplies, 
equipment and material. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Albertson: 

S.B. 775, a bill to provide that for the purpose of appropriations for franchise tax 
sharing with municipalities, the two plants adjacent to the corporate limits of the Town of 
Wallace shall be considered inside the Town of Wallace. 

Referred to Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Warren: 

S.B. 776, a bill to direct the Department of Human Resources to study the need for 
additional education programs for physician extenders. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Warren: 

S.B. 777, a bill to revise the Charter of the Town of Grifton to allow the Town to 
exercise extraterritorial land-use jurisdiction within two miles of the Town's corporate 
limits. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Marshall, Ballance, Sands, and Winner of Mecklenburg: 

S.B. 778, a bill to provide that either spouse may direct a lender to cease making 

advances on an equity line of credit secured by real property owned by the spouses as joint 

tenants or tenants by the entirety. 

Referred to Judiciary I Committee. 

By Senators Conder, Hunt, Lee, Plyler, Walker, Gulley, Gunter, Sands, Warren, 
Ballance, Marshall, Smith, and Shaw: 

S.B. 779, a bill to delay the siting process under Chapter 104G of the North Carolina 
General Statutes by the North Carolina Low-Level Radioactive Waste Management 
Authority until an independent investigator reports to the Joint Select Committee on 
Low-Level Radioactive Waste on the status of low-level radioactive waste. 

Referred to Environment and Natural Resources Committee. 



April 8, 1993 



254 SENATE JOURNAL [Session 

By Senators Kaplan, Daniel, Odom, Conder, Marshall, Sherron, Soles, Folger, 
Ballance, Martin of Pitt, Plyler, Winner of Buncombe, Plexico, Ward, Hunt, Lee, 
Smith, Hoyle, Warren, and Sands: 

S.B. 780, a bill to permit the organization and operation of limited liability 
companies. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Winner of Mecklenburg and Gulley: 

S.B. 781, a bill to appropriate funds to the North Carolina Legal Education 
Assistance Foundation for its loan repayment assistance program for North Carolina 
public service attorneys. 

Referred to Appropriations Committee. 

By Senators Winner of Mecklenburg, Blackmon, Richardson, and Odom: 
S.B. 782, a bill to amend the Charlotte City Charter to raise the threshold below which 
the City Manager may approve the acquisition or sale of real property when the property 
is being acquired or sold for the purpose of increasing the supply of affordable housing 
available to low or moderate income persons. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Winner of Mecklenburg: 

S.B. 783, a bill to appropriate funds for educational technology for public schools and 
community colleges. 

Referred to Appropriations Committee. 

By Senator Carpenter: 

S.B. 784, a bill to appropriate funds to the Division of Parks and Recreation of the 
Department of Environment, Health, and Natural Resources for a grant-in-aid to the 
Fort Butler Parks Authority, Incorporated, to conduct supplementary master planning, 
feasibility and marketing studies, and local economic impact and environmental studies 
on the creation of a State resort park at Fort Butler in Cherokee County. 

Referred to Appropriations Committee. 

By Senator Cooper: 

S.B. 785, a bill to increase the membership of the North Carolina Sheriffs' Education 
and Training Standards Commission and to establish ten districts for the appointment of 
Commission members. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Kaplan and Odom: 

S.B. 786, a bill to provide for refunds to commercial airlines of the gasoline and oil 
inspection fee paid on jet fuel. 

Referred to Finance Committee. 

By Senator Kerr: 

S.B. 787, a bill to impose a penalty for failure to comply with ESC tax reporting 
requirements, to allow for garnishment for unpaid unemployment insurance 
contributions, and to clarify the law with respect to overpayments collected from certain 
claimants. 

Referred to Manufacturing and Labor Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senators Walker and Tally: 

S.B. 788, a bill to appropriate funds for the Division of Youth Services' Community- 
Based Alternative Services. 

Referred to Appropriations Committee. 



April 8, 1993 



1993] SENATE JOURNAL 255 

By Senator Plyler: 

S.B. 789, a bill to revise the boundaries of the Town of Oakboro. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

On motion of Senator Basnight, seconded by Senator Ballance, the Senate Adjourns 
at 2:22 P.M. to meet Monday, April 12, at 8:00 P.M. 



FORTY-FOURTH DAY 

Senate Chamber, 
Monday, April 12, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, paraphrased and 
copied from a prayer by Peter Marshall, as follows: 

"O Lord, as this Session of the General Assembly moves forward, let us never be 
afraid of a new idea or unreceptive to a new thought, lest we pull down the shades of our 
minds and exclude Your Holy Light. When confronted by tough decisions, help us to 
remember that we do not have to explain all we know or understand all we believe. 

"Give us the grace of humility and the spirit of an open mind, the courage to persist in 
the face of difficulties, and a steady confidence in the power of truth. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
April 8, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for tonight to Senator 
Johnson, who is attending the Southeastern Compact Meeting on Low-Level 
Radioactive Waste; to Senator Plexico, who is in England attending the funeral of his 
father-in-law; to Senator Daniel, who is out of town; and to Senator Kaplan. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the Office of the Secretary of State: 

H.B. 94, an act to abolish the North Carolina Energy Development Authority. 
(Ch. 16) 

H.B. 406 (Committee Substitute), an act to authorize the establishment of an ABC 
store in the Town of Navassa. (Ch. 17) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Cooper for the Judiciary II Committee: 

S.B. 598, a bill to allow health care facilities to furnish public health authorities with 
patient records under certain circumstances, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 



April 12, 1993 



256 SENATE JOURNAL [Session 

On motion of Senator Cooper, the rules are suspended, and the proposed Committee 
Substitute bill 3615 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, Tuesday, April 13, for further consideration. 

By Senator Kerr for the Manufacturing and Labor Committee: 

S. B. 71 , a bill to extend the time for applying for an initial exemption concerning fire 
sprinkler contractors, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Kerr, the rules are suspended, and the proposed committee 
Substitute bill 3617 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, Tuesday, April 13, for further consideration. 

Senator Sands offers a motion that bills filed for introduction tonight be read the first 
time and referred to committee upon the completion of tonight's Calendar, which motion 
prevails. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 699 House of Representatives 

(House Committee Substitute) April 8, 1993 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Committee Substitute to SB 699, A BILL TO BE ENTITLED AN ACT TO MODIFY 
THE AUTHORITY OF DAVIE AND ROCKINGHAM COUNTIES TO UNDER- 
TAKE LOCAL DEVELOPMENT ACTIVITIES, the Speaker has appointed as 
conferees on the part of the House, Representative Hackney, Chair; Representative 
Cole, Representative Fitch, Representative Mavretic, Representative Howard, and 
Representative Bowman to act with a like committee on the part of the Senate to the end 
that the differences existing between the two bodies may be adjusted. 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

H.B. 491, a bill to repeal the act creating a revolving loan fund for Robeson County 
from the proceeds of certain past-due tax receipts. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 516, a bill to allow Alleghany County to take into consideration prospective 
revenues generated by the development in arriving at the amount of consideration for an 
economic development conveyance. 

Referred to Economic Development Committee. 



April 12, 1993 



1993] SENATE JOURNAL 257 

H. B. 517, a bill to expand the Alleghany County Board of Commissioners from three 
to five members. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 520, a bill amending the Charter of the City of Durham to authorize the giving of 
notice of special meetings of the City Council or any other public body of the City by 
means of facsimile transmission or electronic mail. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 528, a bill to create the offense of third degree trespass in Iredell County. 
Referred to Judiciary I Committee. 

H.B. 586, a bill to abolish the vacant office of Coroner in Halifax County. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 600, a bill to prohibit hunting from the rights-of-way of public roads in Madison 
County. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

REPORT TO GENERAL ASSEMBLY 

An Agency directed to report to the General Assembly submits a report 
(see Addendum) which is ordered placed on file in the Legislative Library, as follows: 

Pursuant to G.S. 131D-3 and 131D-4, the Department of Human Resources submits 
its Annual Cost and Revenue Report for Domiciliary Care Facilities for the Calendar 
Year 1992. 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

H.B. 412, a bill to change the method of electing the Perquimans County Board of 
Education to improve the opportunity for minority citizens to elect candidates of their 
choice. 

The bill passes its second (39-0) and third readings and is ordered enrolled. 

S. B. 161 (Committee Substitute) , a bill to allow all trailers to obtain multiyear license 
plates, to redefine a "horseless carriage" as a vehicle that is a model year 1943 or older, 
to authorize the Division of Motor Vehicles to issue specialized registration plates bearing 
the emblem of a civic club, and to make technical and administrative changes to the laws 
concerning special license plates, upon third reading. 

On motion of Senator Kerr, consideration of the Committee Substitute bill is post- 
poned until tomorrow, Tuesday, April 13. 

S.B. 7 (Committee Substitute), a bill to require the Commissioner of Insurance to 
develop and require uniform forms for the submission of claims under health benefit 
plans, to establish fees for copies of medical records, and to require written notice of 
claim denial. 

On motion of Senator Conder, consideration of the Committee Substitute bill is post- 
poned until tomorrow, Tuesday, April 13. 

S.B. 248, a bill to require that former legislators wait two years before serving on the 
Board of Governors of the University of North Carolina. 

The bill passes its second (40-2) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 470 (Committee Substitute), a bill to exempt joint municipal power agencies 
from the State bidding laws in the construction of electric generation and transmission 
projects. 



April 12, 1993 



258 SENATE JOURNAL [Session 

The Committee Substitute bill passes its second (42-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 500 (Committee Substitute), a bill to require prostate-specific antigen (PSA) 
test coverage in health and accident insurance policies, in hospital or medical services 
plans, and in HMO plans. 

Senator Sands, Chairman of the Rules and Operation of the Senate 
Committee, requests a fiscal note on the Committee Substitute bill. 

Pursuant to Rule 42.1, the Chair orders the measure placed on the Calendar for 
Wednesday, April 14, for receipt of the fiscal note. 

RE-REFERRALS 

S.B. 14, a bill to authorize the issuance of general obligation bonds of the State, 
subject to a vote of the qualified voters of the State, to provide funds, with any other 
available funds, for capital improvements for certain of the constituent or affiliated insti- 
tutions of the University of North Carolina, for capital improvements for community 
colleges, and for public school buildings for Grades K through Twelve, referred to 
Education/Higher Education Committee on January 28. 

Senator Perdue offers a motion that the rules be suspended and the bill be taken from 
the Education/Higher Education Committee and re-referred to the Select 
Committee on Bonds, which motion prevails with unanimous consent. 

The Chair orders the bill re-referred to the Select Committee on Bonds. 

S.B. 783, a bill to appropriate funds for educational technology for public schools and 
community colleges, referred to Appropriations Committee on April 8. 

Senator Plyler offers a motion that the rules be suspended and the bill be taken from the 
Appropriations Committee and re-referred to the Select Committee on Bonds, 
which motion prevails with unanimous consent. 

The Chair orders the bill re-referred to the Select Committee on Bonds. 

S.B. 65, a bill to authorize the issuance of one hundred twenty million dollars in 
general obligation bonds of the State, subject to a vote of the qualified voters of the State, 
to provide funds through grants, revolving loans, and loans to local government units for 
water supply systems, wastewater collection systems, and wastewater treatment works, 
referred to Finance Committee on February 4. 

Senator Winner of Buncombe offers a motion that the rules be suspended and the bill 
be taken from the Finance Committee and re-referred to the Select Committee on 
Bonds, which motion prevails with unanimous consent. 

The Chair orders the bill re-referred to the Select Committee on Bonds. 

S.B. 396, a bill to authorize the issuance of three hundred eleven million two hundred 
thousand dollars general obligation bonds of the State, subject to a vote of the qualified 
voters of the State, to provide funds, with any other available funds, for capital improve- 
ments for community colleges, referred to Finance Committee on February 24. 

Senator Winner of Buncombe offers a motion that the rules be suspended and the bill 
be taken from the Finance Committee and re-referred to the Select Committee on 
Bonds, which motion prevails with unanimous consent. 

The Chair orders the bill re-referred to the Select Committee on Bonds. 

S.B. 391, a bill to implement a recommendation of the Government Performance 
Audit Committee regarding the continuum of education programs, referred to 
Government Performance Audit Select Committee on February 24. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Government Performance Audit Select Committee and 
re-referred to the Education/Higher Education Committee, which motion 
prevails with unanimous consent. 

The Chair orders the bill re-referred to the Education/Higher Education 
Committee. 



April 12, 1993 



1993] SENATE JOURNAL 259 

CALENDAR (Continued) 

The Chair grants a leave of absence to Senator Perdue for the remainder of tonight's 
Session. 

S.B. 546, a bill to place the Superintendent of Public Instruction on the Commission 
on Children with Special Needs 

The bill passes its second (41-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 574 (Committee Substitute), a bill to amend the Statutes relating to insurance 
premium financing. 

The Committee Substitute bill passes its second (36-2) and third readings and is 
ordered sent to the House of Representatives. 

Senator Ballance rises to a point of personal privilege to acknowledge today, April 12, 
as the Anniversary of the Halifax Resolves, adopted April 12, 1776, which was the first 
official action by a colony calling for independence from Great Britain by authorizing 
North Carolina's Delegates to the Continental Congress to vote for independence. (See 
Appendix) 

The President recognizes the following pages serving in the Senate this week: Windy 
Marie Albright, Goldsboro; Nicki Andrews, Raleigh; Victoria Leigh Bailey, Raleigh; 
Helen Hughes Banzet, Stone ville; Kelly Monique Bullock, White ville; Robyn Cone, 
Spring Hope; Frederick Ellis Frazier, Jr., Wilmington; Margaret Amy Garrison, 
Raeford; Leigh Ann Henion, Hertford; Brandon Jared Hickman, Wilmington; Holly 
Lea Ho vis, Dallas; Richard Jackson, Mount Airy; Natalie Lynd King, Raleigh; Patrick 
Derring Long, Mount Airy, Johnalyn DeVette Lyles, Kinston; Daniel Hopkins Monroe 
III, Elon College; Frankie H. Pollock, Jr., Wilmington, Jonathan Blake Raley, 
Hatteras; Kathryn Carlton Setzer, Salisbury; Dana Smith, Ayden; John Earnhart 
Teague, Elizabeth City; Paula Carol Thompson, Goldsboro; Michael David Tolley, 
Monroe; John William Ussery, Jr., Hilton Head Island, SC; and Aimee Eugenia 
Weathersby, Winterville. 

INTRODUCTION OF BILLS AND RESOLUTION 

Pursuant to the motion prevailing earlier tonight, bills and a resolution filed for intro- 
duction are presented to the Senate, read the first time, and disposed of, as follows: 

By Senator Seymour: 

S.B. 790, a bill to increase the amount of alcoholic beverages a person may purchase 
and possess without a permit. 

Referred to Economic Development Committee. 

By Senator Sands: 

S.B. 791, a bill to provide that in collecting the Rockingham County occupancy tax, 
the County may use the collection methods available for property taxes. 
Referred to Finance Committee. 

By Senator Sands: 

S.B. 792, a bill to allow the City of Eden to negotiate annexation contracts. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Winner of Mecklenburg, Richardson, Odom, Blackmon, Gulley, 
Conder, Marshall, Ballance, and Lee: 

S.B. 793, a bill to make it a misdemeanor for a person under eighteen years of age to 
possess or carry a handgun and to make it a misdemeanor to sell or transfer any handgun 
to a person who is under eighteen years of age. 

Referred to Judiciary I Committee. 



April 12, 1993 



260 SENATE JOURNAL [Session 

By Senator Codington: 

S.B. 794, a bill to allow the Town of Wrightsville Beach to exercise the power of 
eminent domain for purposes of engaging in beach erosion control and flood and 
hurricane protection works. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Simpson: 

S.B. 795, a bill to make election day a holiday for all children enrolled in the Burke 
County schools. 

Referred to Education/Higher Education Committee. 

By Senator Odom: 

S . B . 796 , a bill to extend the statute of limitations for civil actions brought by the State 
to enforce the laws against bid rigging on government contracts. 
Referred to Judiciary II Committee. 

By Senator Richardson: 

S.B. 797, a bill to modify the hours of sales of alcoholic beverages in Mecklenburg 
County. 

Referred to Economic Development Committee. 

By Senator Jordan: 

S.B. 798, a bill concerning election of the Wilmington City Council. 

Referred to Constitution and Election Laws Committee. 

By Senator Jordan: 

S.B. 799, a bill to provide that a person, after a finding of probable cause or 
indictment for committing certain sex offenses and a finding of probable cause of 
transmission of the aids virus, shall be tested for aids upon the request of the victim. 

Referred to Judiciary I Committee. 

By Senator Jordan: 

S.B. 800, a bill concerning election of the New Hanover County Board of Education. 

Referred to Constitution and Election Laws Committee. 

By Senator Jordan: 

S.B. 801, a bill concerning election of the New Hanover County Board of 
Commissioners. 

Referred to Constitution and Election Laws Committee. 

By Senators Marshall and Kerr: 

S.B. 802, a bill to make technical and other changes to the employment security laws. 

Referred to Manufacturing and Labor Committee. 

By Senator Johnson: 

S.B. 803, a bill to clarify the laws relating to the State's jurisdiction over providers of 
health care benefits. 

Referred to Insurance Committee. 

By Senators Conder and Plyler: 

S.B. 804, a bill to exempt the Town of Troy from certain zoning notice requirements. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Conder: 

S.B. 805, a bill to appropriate funds for a fine arts classroom building at the 
Richmond Community College. 

Referred to Appropriations Committee. 



April 12, 1993 



1993] SENATE JOURNAL 261 

By Senators Richardson, Winner of Mecklenburg, and Odom: 
S.B. 806, a bill to provide that voter registration shall be the sole criteria for allocating 
voting machines among precincts. 

Referred to Constitution and Election Laws Committee. 



By Senators Lee and Walker: 

S.B. 807, a bill to rewrite the Orange County civil rights authorizing legislation. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Lee and Walker: 

S.B. 808, a bill to provide additional local revenue options in Chatham and Orange 
Counties. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Lee and Walker: 

S.B. 809, a bill to make sundry amendments relating to local governments in Orange 
and Chatham Counties. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Gulley and Kerr: 

S.B. 811, a bill to make changes to the employment security law to conform to federal 
law. 

Referred to Manufacturing and Labor Committee. 

By Senator Plexico: 

S.B. 812, a bill to amend the law regarding the Supplemental Retirement Fund for 
Firefighters in the City of Hendersonville. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senators Odom, Winner of Mecklenburg, Gulley, Blackmon, and Richardson: 
S.B. 813, a bill to establish a Low-Income Energy Assistance Fund using interest on 

customer utility deposits. 

Referred to Public Utilities Committee and upon a favorable report, re-referred to 

the Finance Committee and upon a favorable report, re-referred to the 

Appropriations Committee. 

By Senators Daniel, Plyler, and Conder: 

S.B. 814, a bill to create the Repairs and Renovations Reserve. 

Referred to Appropriations Committee. 

By Senators Daniel, Plyler, and Conder: 

S.B. 815, a bill to restore the June thirtieth pay date for all State-paid employees. 

Referred to Appropriations Committee. 

By Senators Ballance and Jordan: 

S.B. 816, a bill to provide that government agencies shall confer with labor organiza- 
tions regarding employment proposals. 

Referred to Manufacturing and Labor Committee. 

By Senator Sands: 

S.B. 817, a bill to exempt Rockingham County from certain zoning notice 
requirements. 

Referred to Local Government and Regional Affairs Committee. 



April 12, 1993 



262 SENATE JOURNAL [Session 

By Senators Gunter, Johnson, Walker, Edwards, Seymour, Ballance, Plexico, 
Forrester, Cochrane, Perdue, Warren, and Smith: 

S.B. 818, a bill to require that noncertificated public school employees be hired on a 
continuing contract. 

Referred to Education/Higher Education Committee. 

By Senator Gunter: 

S. B. 819, a bill to clarify the law relating to acquisition by the Town of Cary of street 
right-of-way outside the corporate limits. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Gunter: 

S.B. 820, a bill to allow the Town of Cary to levy a motor vehicle tax of up to ten 
dollars. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Tally, Gulley, Ward, Cochrane, and Odom: 

S.B. 821, a bill to amend the current procedure for the registration of water with- 
drawals to make the procedure more effective, to provide more useful information, and 
to impose a late payment fee for late registrations. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Winner of Mecklenburg and Richardson: 

S.B. 822, a bill to increase the maximum motor vehicle tax that can be levied in the 
City of Charlotte and the Town of Matthews and to provide that the proceeds of the 
additional tax may be used only for public transportation. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Sands: 

S.R. 823, a Senate simple resolution adopting the permanent rules of the Senate for 
the Regular Sessions of the 1993 General Assembly of North Carolina. 
Referred to Rules and Operation of the Senate Committee. 

On motion of Senator Basnight, seconded by Senator Seymour and Senator Hunt, the 
Senate adjourns at 8:50 P.M. , commemorating the Anniversary of the Halifax Resolves 
in memory of the late Julian R. Allsbrook, former Senator from Halifax County, to meet 
tomorrow, Tuesday, April 13, at 1:30 P.M. 



FORTY-FIFTH DAY 

Senate Chamber, 
Tuesday, April 13, 1993. 



The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Loving God, this is a place of great power, but powerful people usually must suffer in 
silence. They often make important decisions alone. They grieve alone, sometimes they 



April 13, 1993 



1993] SENATE JOURNAL 263 

weep alone. Our culture does not permit people of power to admit weakness or 
vulnerability. 

"This prayer is for those in our large family who may be hurting in silence. May they 
remember and find strength and healing in Your Words, 'My grace is sufficient for you, ' 
for power is made perfect in weakness. Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yesterday, 
Monday, April 12, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Johnson, Senator Plexico, and Senator Simpson. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the Office of the Secretary of State: 

S.B. 99, an act to transfer authority from the Wildlife Resources Commission to the 
Department of Agriculture to regulate the production and sale of commercially raised 
freshwater fish and freshwater crustacean species. (Ch. 18) 

H.B. 166, an act to provide that the Yadkin County Board of Education shall be 
elected to staggered four-year terms. (Ch. 19) 

H.B. 167, an act to provide that members of the Yadkin County Board of Education 
shall take office on the first Monday in August after their election. (Ch. 20) 

H.B. 412, an act to change the method of electing the Perquimans County Board of 
Education to improve the opportunity for minority citizens to elect candidates of their 
choice. (Ch. 21) 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Speed for the Transportation Committee: 

S.B. 64, a bill to create a rail council within the Department of Transportation and to 
broaden the authority of the Board of Transportation, with a favorable report. 

S.B. 560, a bill to authorize the Division of Motor Vehicles to issue special license 
plates to recipients of the Distinguished Service Cross, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 687 , a bill to clarify the method by which a regional public transportation author- 
ity may purchase personal property by an installment contract that creates in the property 
a security interest, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

By Senator Edwards for the Economic Development Committee: 

H.B. 420, a bill to change the name of the Resources Development Commission for 
Brunswick County to the Brunswick County Economic Development Commission, with a 
favorable report. 



April 13, 1993 



264 SENATE JOURNAL [Session 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Daniel and Plyler: 

S.B. 824, a bill to authorize the issuance of nine hundred million dollars in general 
obligation bonds of the State, subject to a vote of the qualified voters of the State, to 
provide funds for (1) public school facilities for counties that have the greatest critical 
school building needs, (2) the Clean Water Revolving Loan and Grant Fund, (3) loans to 
local government units for solid waste management, public school facilities and 
equipment, and community college equipment, (4) capital improvements for 
community colleges, and (5) capital improvements for the University of North Carolina. 

Referred to Capital Expenditures Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senator Perdue: 

S.B. 825, a bill to prohibit hunting from roads in a portion of Craven County. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Perdue: 

S.B. 826, a bill to appropriate funds for travel and tourism advertising and promotion. 

Referred to Appropriations Committee. 

By Senator Perdue: 

S.B. 827, a bill to appropriate funds for the University of North Carolina School of 
Medicine's Statewide Infection Control Program. 
Referred to Appropriations Committee. 

By Senator Perdue: 

S.B. 828, a bill to appropriate funds for construction of the new North Carolina State 
Museum of Natural Sciences. 

Referred to Appropriations Committee. 

By Senator Perdue: 

S.B. 829, a bill to transfer the North Carolina State Museum of Natural Sciences and 
its Advisory Commission from the Department of Agriculture to the Department of 
Cultural Resources and to conform various statutory references to that Museum. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and 
upon a favorable report, re-referred to the State Personnel and State Government 
Committee. 

By Senator Winner of Buncombe: 

S.B. 830, a bill to provide that mailing lists of alumni need not be purged. 
Referred to State Personnel and State Government Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Winner of Buncombe: 

S.B. 831, a bill to provide for truth in sentencing for the North Carolina Criminal 
Justice System. 

Referred to Judiciary I Committee. 

By Senator Winner of Buncombe: 

S.B. 832, a bill to provide a timetable within which the Department of Revenue must 
hold administrative hearings and render decisions. 
Referred to Finance Committee. 



April 13, 1993 



1993] SENATE JOURNAL 265 

By Senator Gulley: 

S.B. 833, a bill to provide for the certification of property mappers. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Hyde: 

S.B. 834, a bill to clarify the procedure for foreclosure under power of sale and to 
establish a new upset bid procedure. 
Referred to Judiciary II Committee. 

By Senators Hunt, Ballance, Jordan, Lee, Martin of Guilford, Richardson, and 
Edwards : 

S.B. 835, a bill to study minority and women-owned business participation in the 
State's overall procurement, contract, and construction programs. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Hunt, Martin of Guilford, Jordan, Edwards, Gulley, and Warren: 
S.B. 836, a bill to waive the fee for special identification cards for homeless and 

indigent persons. 

Referred to Transportation Committee and upon a favorable report, re-referred 

to the Finance Committee. 

By Senators Hunt and Gulley: 

S.B. 837, a bill to allow the County of Durham to permit the inclusion of 
disadvantaged business enterprise requirements in specifications for contracts. 
Referred to State Personnel and State Government Committee. 

By Senators Hunt and Gulley: 

S.B. 838, a bill to amending the Charter of the City of Durham to permit the inclusion 
of disadvantaged business enterprise requirements in specifications for contracts. 
Referred to State Personnel and State Government Committee. 

By Senator Cooper: 

S.B. 839, a bill to clarify the exemption of motor vehicles from the three-day right to 
cancel provisions of off-premises sales to the existing exemption under the Retail 
Installment Sales Act. 

Referred to Judiciary II Committee. 

By Senator Cooper: 

S.B. 840, a bill to authorize the Commissioner to extend the time within which the 
parties must complete discovery and the time within which the Commissioner must hold a 
hearing and render a determination in contested cases under the Motor Vehicles Dealers 
and Manufacturers Licensing Law. 

Referred to Judiciary II Committee. 

By Senator Cooper: 

S.B. 841, a bill to clarify the warranty reimbursement rights of motor vehicle dealers. 

Referred to Judiciary II Committee. 

By Senators Cooper and Walker: 

S.B. 842, a bill for the appointment of temporary managers for long-term care 
facilities and domiciliary homes. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Finance Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 



April 13, 1993 



SENATE JOURNAL [Session 



266 

RE-REFERRAL 

S.B. 255, a bill to provide for the regulation of the practice of counseling and the 
licensure of counselors, referred to Judiciary I Committee on March 11. 

Senator Ballance offers a motion that the rules be suspended and the bill be taken from 
the Judiciary I Committee, which motion prevails, with unanimous consent. 

The Chair orders the bill re-referred to the Children and Human Resources 
Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

S.B. 163 (House Committee Substitute), a bill to require the Commissioner of 
Insurance and the Rate Bureau to develop a proposed plan for workers' compensation 
carriers loss control services, for concurrence in the House Committee Substitute bill. 

Referred to Insurance Committee. 

H.B. 186, a bill to require that publicly funded job training programs include health 
and safety training. 

Referred to Manufacturing and Labor Committee. 

H.B. 214, a bill to abolish the spousal defense to a prosecution for rape or sexual 
offense . 

Referred to Judiciary I Committee. 

H.B. 230 (Committee Substitute), a bill recommended by the Juvenile Law Study 
Commission to require that opportunity to be heard be provided a juvenile's guardian ad 
litem prior to the dismissal of the petition alleging abuse or neglect of the juvenile, to 
ensure the guardian ad litem's standing to represent the juvenile, and to make other 
changes necessary to protect the interests of the juvenile. 

Referred to Judiciary I Committee. 

H.B. 409, a bill to expand the Hildebran Town Board from three to five members. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 423, a bill deannexing a certain tract of property from the City of Burlington. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 430, a bill to increase the maximum vehicle tax that can be levied in the City of 
Greenville. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 466, a bill to authorize Wayne and Sampson Counties and the City of Clinton to 
take into consideration prospective revenues generated by the development in arriving at 
the amount of consideration for an economic development conveyance. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 486, a bill to place restrictions on the use of personal watercraft such as jet skis 
and water bikes. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and 
upon a favorable report, re-referred to the Judiciary I Committee. 



April 13, 1993 



1993] SENATE JOURNAL 267 

H.B. 630 (Committee Substitute), a bill to update the controlled substances 
schedules in Article 5 of Chapter 90 of the General Statutes. 
Referred to Judiciary I Committee. 



CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 161 (Committee Substitute) , a bill to allow all trailers to obtain multiyear license 
plates, to redefine a "horseless carriage" as a vehicle that is a model year 1943 or older, 
to authorize the Division of Motor Vehicles to issue specialized registration plates bearing 
the emblem of a civic club, and to make technical and administrative changes to the laws 
concerning special license plates, upon third reading. 

On motion of Senator Kerr, consideration of the Committee Substitute bill is post- 
poned until tomorrow, Wednesday, April 14. 

S.B. 7 (Committee Substitute), a bill to require the Commissioner of Insurance to 
develop and require uniform forms for the submission of claims under health benefit 
plans, to establish fees for copies of medical records, and to require written notice of 
claim denial. 

Without objection, on motion of Senator Plyler, the Committee Substitute bill is 
temporarily displaced. 

S.B. 71 (Committee Substitute), a bill to extend the time for applying for an initial 
exemption concerning fire sprinkler contractors. 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 554, a bill to permit area mental health authorities to serve as managed care 
providers. 

The bill passes its second (46-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 7 (Committee Substitute), a bill to require the Commissioner of Insurance to 
develop and require uniform forms for the submission of claims under health benefit 
plans, to establish fees for copies of medical records, and to require written notice of 
claim denial, temporarily displaced earlier. 

On motion of Senator Daniel, consideration of the Committee Substitute bill is post- 
poned until Tuesday, April 20, for receipt of an actuarial note. 

S.B. 598 (Committee Substitute) , a bill to allow health care facilities to furnish public 
health authorities with patient records under certain circumstances. 

Following debate, on motion of Senator Cooper, the Committee Substitute bill is 
recommitted to the Judiciary II Committee. 

S.B. 600, a bill to amend the Legislative Retirement System, the Local Governmental 
Employees' Retirement System, the Teachers' and State Employees' Retirement 
System, and the Consolidated Judicial Retirement System to comply with the Internal 
Revenue Code. 

On motion of Senator Harris, consideration of the bill is postponed until Monday, 
April 19. 

On motion of Senator Basnight, seconded by Senator Cochrane, the Senate adjourns 
at 2:16 P.M. to meet tomorrow, Wednesday, April 14, at 1:30 P.M. 



April 13, 1993 



268 SENATE JOURNAL [Session 

FORTY-SIXTH DAY 

Senate Chamber, 
Wednesday, April 14, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, like it or not, each day we must deal honestly with things as they are. 
That should not diminish in us a strong hope that things may yet be even better than they 
are. 

"Let that be the goal toward which the Senators and staff work today and in the days 
ahead. Give us faith to believe in the possibility of change. Encourage each of us to do 
all we can to change the bad to good and the good to better, until You are satisfied with 
our labors. Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yesterday, 
Tuesday, April 13, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Plexico, Senator Simpson, and to Senator Edwards due to professional reasons. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the Office of the Secretary of State: 

S.B. 463, an act to provide that space within a cosmetic art shop rented by an 
independent contractor is not a separate cosmetic art shop and to require that owners list 
all cosmetologists practicing in their cosmetic art shop. (Ch. 22) 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Walker for the Children and Human Resources Committee: 

S.B. 539, a bill to clarify the Medicaid law regarding the financial responsibility of 
parents for children under twenty-one in medical institutions, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 575, a bill to require the payment of outstanding fines as a condition of license 
renewal for domiciliary care facilities and nursing facilities, with a favorable report, as 
amended. 

By Senator Parnell for the Insurance Committee: 

S.B. 523, a bill to establish a fee for the accreditation and renewal of accreditation of 
reinsurance companies, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 



April 14, 1993 



1993] SENATE JOURNAL 269 

By Senator Seymour for the Public Utilities Committee: 

S. B. 716, a bill to provide that a partnership may qualify for the corporate income tax 
credit for construction of a cogenerating power plant, to provide an alternative method to 
calculate the credit, and to clarify that a partnership may pass an income tax credit 
through to its partners, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

By Senator Ballance for the Judiciary I Committee: 

S . B . 578 , a bill to increase the maximum speed for school buses to forty-five miles per 
hour, with a favorable report, as amended. 

By Senator Folger for the Local Government and Regional Affairs 
Committee: 

S.B. 635, a bill to exempt the City of Kinston from Article 12, Chapter 160 A of the 
General Statutes in the sale or lease of certain surplus real property to Adkin High School 
Alumni & Friends, Inc., a North Carolina nonprofit corporation, with a favorable 
report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted, which changes the title to read S.B. 635, 
a bill to exempt the City of Kinston from Article 12, Chapter 160A of the General 
Statutes in the sale or lease of certain surplus real property to Adkin High School Alumni 
and Friends, Inc., a North Carolina nonprofit corporation. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Finance Committee. 

S.B. 649, a bill to update a local act which allows the City of Raleigh to have a 
subcommittee issue certificates of appropriateness, with a favorable report. 

S.B. 688, a bill amending the Durham City Charter with respect to zoning protest 
petitions, with a favorable report. 

S.B. 689, a bill to permit the City of Durham to provide relocation assistance 
payments for the value of mortgage credit certificates, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 690, a bill amending the Charter of Durham to authorize the making of 
emergency repairs in housing code cases, with a favorable report. 

S.B. 692, a bill authorizing Pitt County to increase its room occupancy tax from three 
percent to no more than six percent and providing for the use of the proceeds of the 
additional tax, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 711, a bill to confirm the corporate limits of the Town of Troy, and modify the 
laws relating to satellite annexation which apply to that Town, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

By Senator Sands for the Rules and Operation of the Senate Committee: 

S. J.R. 441, a joint resolution honoring the women's soccer program at the University 
of North Carolina at Chapel Hill, with a favorable report. 

On motion of Senator Sands, the joint resolution is placed on the Calendar for 
Monday, April 26, as Special Order of Business No. 1. 

S. J.R. 522, a joint resolution honoring the life, service, and memory of John C. 
Kesler, with a favorable report. 

On motion of Senator Sands, the joint resolution is placed on the Calendar for today, 
Wednesday, April 14, as Special Order of Business No. 1. 



April 14, 1993 



270 SENATE JOURNAL [Session 

S.R. 823, a Senate simple resolution adopting the permanent rules of the Senate for 
the Regular Sessions of the 1993 General Assembly of North Carolina, with an 
unfavorable report as to Senate simple resolution, but favorable as to Committee 
Substitute simple resolution. 

On motion of Senator Sands, the rules are suspended, and the proposed Committee 
Substitute simple resolution 4592 is submitted. 

With unanimous consent, the proposed Committee Substitute simple resolution is 
placed on the Calendar for tomorrow, Thursday, April 15, for consideration upon its 
adoption. 

RECOMMITTANCE 

S.B. 243, a bill to implement a recommendation of the Government Performance 
Audit Committee to consolidate thirty of the State's smallest prisons, and to improve 
organizational functions and reduce staff in area offices of the Division of Prisons, 
referred to the Appropriations Committee on April 5. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Appropriations Committee and recommitted to the Government 
Performance Audit Select Committee. 

Senator Sands rises to a point of order as to the precedent established for only the 
Chairman of the Committee to which a measure has been referred to offer a motion for 
the suspension of rules for the purpose of sequential referral. The Chair sustains the 
point of order and declares the motion of Senator Martin of Guilford out of order. 

Senator Plyler offers a motion that the rules be suspended and the bill be taken from the 
Appropriations Committee and recommitted to the Government Performance 
Audit Select Committee, which motion prevails with unanimous consent. 

The Chair orders the bill recommitted to the Government Performance Audit 
Select Committee. 



WITHDRAWAL FROM COMMITTEE 

S.B. 689, a bill to permit the City of Durham to provide relocation assistance 
payments for the value of mortgage credit certificates, sequentially referred to the 
Finance Committee earlier today, April 14. 

Senator Winner of Buncombe offers a motion that the rules be suspended and the bill 
be taken from the Finance Committee and placed on the Calendar for tomorrow, 
Thursday, April 15, which motion prevails with unanimous consent. 

The Chair orders the bill placed on the Calendar for tomorrow, Thursday, April 15. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Warren, Hoyle, Marshall, Edwards, Hunt, Lee, and Ballance: 
S.B. 843, a bill to restore the provision for purchase of out-of-state service in the 

Local Governmental Employees' Retirement System and the Teachers' and State 

Employees' Retirement System. 

Referred to Pensions and Retirement Committee and upon a favorable report, 

re-referred to the Appropriations Committee. 

By Senators Lee and Walker: 

S.B. 844, a bill to appropriate funds for improvements at the Old Chapel Hill 
Cemetery. 

Referred to Appropriations Committee. 



April 14, 1993 



1993] SENATE JOURNAL 271 

By Senator Lee: 

S.B. 845, a bill to amend the statutes governing the practice of dentistry with respect 
to dental hygienists. 

Referred to Judiciary I Committee. 

By Senator Parnell: 

S.B. 846, a bill to increase the amount that may be in controversy in small claims 
court . 

Referred to Judiciary II Committee. 

By Senator Parnell: 

S.B. 847, a bill to extend the North Carolina Sentencing and Policy Advisory 
Commission. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Albertson, Perdue, Jordan, Cochrane, and Forrester: 

S.B. 848, a bill to give the Board of Pharmacy authority to regulate medical equipment 

intended for use in an individual's home. 

Referred to Children and Human Resources Committee and upon a favorable 

report, re-referred to the Finance Committee. 

By Senators Albertson and Speed: 

S.B. 849, a bill to provide for a voluntary program for the certification of organically 
produced agricultural products. 

Referred to Agriculture, Marine Resources, and Wildlife Committee. 

By Senators Plyler and Conder: 

S.B. 850, a bill to appropriate funds to the Stanly County Airport Authority for airport 
expansion. 

Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 851, a bill to abolish the vacant Office of Coroner in Scotland County. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Kerr, Basnight, Cochrane, Conder, Daniel, Harris, Hoyle, Hunt, 
Kincaid, Parnell, Plyler, Shaw, Sherron, Soles, Marshall, Carpenter, Warren, 
Codington, Forrester, Albertson, Blackmon, Martin of Pitt, and Seymour: 

S.B. 852, a bill to provide for the reduction of the State unemployment insurance tax 
rate under certain circumstances. 

Referred to Finance Committee. 

By Senators Kerr, Warren, Albertson, Codington, Cooper, Martin of Pitt, Perdue, 
Speed, Jordan, Kincaid, and Carpenter: 

S.B. 853, a bill to authorize counties that will derive economic benefits from the North 
Carolina Global Transpark to form a Global Transpark Development Zone to promote 
economic development of, and to encourage infrastructure construction in, the counties 
of the Zone. 

Referred to Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senator Sands: 

S.B. 854, a bill to permit the issuance and purchasing of group health insurance 
coverage for public school students. 
Referred to Insurance Committee. 



April 14, 1993 



272 SENATE JOURNAL [Session 

By Senator Sands: 

S.B. 855, a bill to exempt Stokes County from certain notice requirements for the 
purpose of adopting or amending zoning ordinances for water supply watershed 
protection. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 856, a bill to allow the City of Reidsville to change its electoral system. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Kaplan: 

S.B. 857, a bill to provide that esthetic services are not regulated by the State Board of 
Cosmetic Art Examiners. 

Referred to Children and Human Resources Committee. 

By Senators Sands, Daniel, Martin of Guilford, Folger, Seymour, Shaw, Ward, 
Kaplan, Walker, Lee, and Cochrane: 

S.B. 858, a bill to appropriate funds for a legislative planning grant for the reopening 
of Chinqua-Penn. 

Referred to Appropriations Committee. 

By Senator Sands: 

S.B. 859, a bill to amend the Charter of the City of Reidsville to alter the size and 
method of electing the City Council. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 860, a bill to clarify the Public Records Law with respect to criminal investigative 
records. 

Referred to Judiciary I Committee. 

By Senators Warren, Kerr, and Jordan: 

S.B. 861, a bill to allow shampooing by unlicensed shampooers in Jones and Lenoir 
Counties. 

Referred to Children and Human Resources Committee. 

By Senators Warren and Martin of Pitt: 

S.B. 862, a bill to allow Pitt County to rename all roads within unincorporated areas 
of the County. 

Referred to Transportation Committee. 

By Senators Gunter, Perdue, Gulley, Lee, Smith, Warren, Forrester, Speed, and 
Marshall: 

S.B. 863, a bill to direct the State Board of Education to consider children with special 
needs when it adopts rules setting graduation standards, and to direct the State Board of 
Education to suspend the application of any graduation standards adopted in the past two 
years to children with special needs until it reevaluates the rules based on a study of 
graduation standards and these children. 

Referred to Education/Higher Education Committee. 

By Senators Sherron and Blackmon: 

S.B. 864, a bill to require that specifications for public building contracts include fire 
sprinkler design and to include fire sprinkler contractors as separate responsible contrac- 
tors. 

Referred to State Personnel and State Government Committee. 

By Senators Speed, Albertson, Plyler, Lee, and Warren: 

S.B. 865, a bill to provide that information on rabies vaccination certificates is not 
public . 

Referred to Judiciary II Committee. 



April 14, 1993 



1993] SENATE JOURNAL 273 

By Senators Speed, Albertson, Sands, Lee, and Warren: 

S.B. 866, a bill to appropriate funds for a rotating program to survey agricultural 
production in specialty crops and production inputs. 
Referred to Appropriations Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills and a resolution which are read the first time and disposed of, as follows: 

H.B. 6 (Committee Substitute No. 2), a bill to make it unlawful to obstruct the 
legislative inquiry process, to interfere with contracts of the legislative branch, and to 
exclude violators from government procurement programs. 

Referred to Judiciary I Committee. 

H.B. 163, a bill to modify the definition of a "subdivision" for the purpose of 
subdivision regulation in Robeson County. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 436 (Committee Substitute) , a bill to allow New Hanover County and the Town 
of Cape Carteret to regulate the operation of personal watercraft. 
Referred to Judiciary I Committee. 

H.B. 461, a bill to revise and consolidate the Charter of the City of Lowell. 
Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 508, a bill to change the certification period of emergency medical technicians 
from two years to four years. 

Referred to Children and Human Resources Committee. 

H.B. 602, a bill to establish the Trauma System Act of 1993. 
Referred to Children and Human Resources Committee. 

H.B. 627, a bill to improve enforcement of the child day care requirements. 
Referred to Children and Human Resources Committee. 

H. J.R. 680, a joint resolution honoring the late Governor Melville Broughton on the 
Fiftieth Anniversary of the North Carolina Center for Applied Textile Technology. 
Referred to Rules and Operation of the Senate Committee. 



EXECUTIVE ORDER 

An Executive Order is presented to the Senate, read, and referred to committee, as 
follows: (See Appendix) 

Executive Order Number 6, Entrepreneurial Development Board. 
Referred to State Personnel and State Government Committee. 



April 14, 1993 



274 SENATE JOURNAL [Session 

CONFERENCE REPORT 

S.B. 699 

(House Committee Substitute) 

Senator Sands, for the Conferees appointed to consider the differences arising between 
the Senate and the House of Representatives upon S.B. 699 (House Committee 
Substitute) , a bill to modify the authority of Davie and Rockingham Counties to under- 
take local development activities, which proposes to change the title upon concurrence 
from S.B. 699, a bill to modify the authority of Rockingham County to undertake local 
development activities, submits the following report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Committee Substitute for Senate Bill 699 
(Second Edition), A BILL TO BE ENTITLED AN ACT TO MODIFY THE 
AUTHORITY OF DAVIE AND ROCKINGHAM COUNTIES TO UNDERTAKE 
LOCAL DEVELOPMENT ACTIVITIES, wish to report as follows: 

The Senate concurs in House Committee Substitute for Senate Bill 699 (Second 
Edition) with the following amendment: 

on page 4, line 11, by rewriting that line to read: 
"Sec. 3. This act is effective upon ratification." 

And the House concurs in this amendment. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 12th day of April, 1993. 

S/A. P. Sands S/Joe Hackney 

S/Fred Folger, Jr. S/Milton F. Fitch, Jr. 

S/Roy A. Cooper, III S/Josephus L. Mavretic 

S /Julia C. Howard 
S/J. Fred Bowman 
S/Nelson Cole 

Conferees Conferees for the 

for the Senate House of Representatives 

With unanimous consent, on motion of Senator Sands, the Conference Report is 
placed on the Calendar for today for adoption. 



RE-REFERRAL 

S.B. 607, a bill to rewrite Chapter 48 of the General Statutes relating to adoption as 
recommended by the General Statutes Commission, referred to the Judiciary I 
Committee on March 29. 

Senator Ballance offers a motion that the rules be suspended and the bill be taken from 
the Judiciary I Committee and re -referred to the Judiciary II Committee, which 
motion prevails with unanimous consent. 

The Chair orders the bill re-referred to the Judiciary II Committee. 



April 14, 1993 



1993] SENATE JOURNAL 275 

REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Hunt for the Finance Committee: 

S.B. 442, a bill to approve an annexation agreement between Davidson County, the 
City of High Point, and the City of Thomasville, as to territory in Davidson County, with 
a favorable report. 

S.B. 658, a bill to expand the property tax exemption for computer software, with a 
favorable report. 

H.B. 204 (Committee Substitute), a bill to exchange tracts of land between the 
corporate limits of the Towns of Cary and Morrisville, with a favorable report. 

H.B. 208, a bill to restore the original corporate limits of the Town of Polkville, with a 
favorable report. 

S.B. 162 (Committee Substitute) , a bill to modify the requirements for licensure as a 
motor vehicle wholesaler or dealer, to limit the number of motor vehicle dealer license 
plates that can be issued to the same dealer, to expand the use of transporter plates, and 
to change the fees for dealer plates and transporter plates, with an unfavorable report as 
to Committee Substitute bill, but favorable as to Committee Substitute bill No. 2. 

On motion of Senator Hunt, the rules are suspended, and the proposed Committee 
Substitute bill 8510, which changes the title to read S.B. 162 (Committee Substitute 
No. 2), a bill to modify the requirements for licensure as a motor vehicle wholesaler or 
dealer, to limit the number of motor vehicle dealer license plates that can be issued to the 
same dealer, to modify the sanctions for misuse of a dealer license plate, to expand the 
use of transporter plates, and to change the fees for dealer plates and transporter plates, 
is placed before the Senate for immediate consideration. 

On motion of Senator Hunt, the Committee Substitute bill No. 2 is adopted. 

With unanimous consent, the Committee Substitute bill No. 2 is placed on the 
Calendar for tomorrow, Thursday, April 15, for further consideration. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

SPECIAL ORDER NO. 1 

S.J.R. 522, a joint resolution honoring the life, service, and memory of John C. 
Kesler. 

The hour having arrived for the consideration of special order of business, No. 1 , the 
President of the Senate lays before the Senate Special Order No . 1 , it being S.J.R. 522 , 
a joint resolution honoring the life, service, and memory of John C. Kesler. 

With unanimous consent, on motion of Senator Folger, the joint resolution is read in 
its entirety. 

The joint resolution passes its second (46-0) and third readings and is ordered, on 
motion of Senator Smith, without objection, sent to the House of Representatives by 
special messenger. 

The Chair extends courtesies of the gallery to the family of the late John C. Kesler, 
former Senator from Rowan County, as follows: Frances Kesler Driscoll, his daughter, 
and Patrick and Susan Driscoll, his grandchildren. 

S.B. 699 (House Committee Substitute), a bill to modify the authority of Davie and 
Rockingham Counties to undertake local development activities, Conference Report, for 
adoption, submitted earlier today. 



April 14, 1993 



276 SENATE JOURNAL [Session 

On motion of Senator Sands, the Senate adopts the Conference Report (44-0). 

The Chair orders a message sent to the House of Representatives informing that 
Honorable Body of such action to the end that when the House of Representatives takes a 
similar action we will order the measure enrolled. 

H. B. 420, a bill to change the name of the Resources Development Commission for 
Brunswick County to the Brunswick County Economic Development Commission. 
The bill passes its second (45-0) and third readings and is ordered enrolled. 

S. B. 161 (Committee Substitute) , a bill to allow all trailers to obtain multiyear license 
plates, to redefine a "horseless carriage" as a vehicle that is a model year 1943 or older, 
to authorize the Division of Motor Vehicles to issue specialized registration plates bearing 
the emblem of a civic club, and to make technical and administrative changes to the laws 
concerning special license plates, upon third reading. 

Senator Kerr offers Amendment No. 1 , held to be material, which is adopted (46-0) , 
constituting the first reading of the measure and changing the title to read S.B. 161 
(Committee Substitute), a bill to allow all trailers to obtain multiyear license plates, to 
redefine a "horseless carriage" as a vehicle that is a model year 1943 or older, to 
authorize the Division of Motor Vehicles to issue specialized registration plates bearing 
the emblem of a civic club, to authorize the Division of Motor Vehicles to issue 
specialized registration plates depicting various State attractions in North Carolina and 
to provide for the disposition of income from these plates, to authorize the Division of 
Motor Vehicles to issue specialized registration plates bearing the emblem of the Special 
Olympics and to provide for the disposition of income from these plates, and to make 
technical and administrative changes to the laws concerning special license plates. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
tomorrow, Thursday, April 15, for further consideration upon second reading. 

S.B. 64, a bill to create a rail council within the Department of Transportation and to 
broaden the authority of the Board of Transportation. 

The bill passes its second (45-0) and third readings and is ordered sent to the House of 
Representatives. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business , the bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Ballance for the Judiciary I Committee: 

S.B. 422, a bill regulating the practice of acupuncture, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Ballance, the rules are suspended, and the proposed Committee 
Substitute bill 9644 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 



CALENDAR (Continued) 

S.B. 108 (Committee Substitute), a bill to amend the statute of repose for products 
liability actions and to recodify the statute of repose for actions against registered land 
surveyors. 

The Committee Substitute bill passes its second (45-2) and third readings and is 
ordered sent to the House of Representatives. 



April 14, 1993 



1993] SENATE JOURNAL 277 

S.B. 109 (Committee Substitute), a bill requiring certain detail in the decisions and 
reports of the OSHA Review Board. 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 500 (Committee Substitute), a bill to require prostate-specific antigen (PSA) 
test coverage in health and accident insurance policies, in hospital or medical services 
plans, and in HMO plans. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 

On motion of Senator Basnight, seconded by Senator Kerr, the Senate adjourns at 
2:30 P.M. to meet tomorrow, Thursday, April 15, at 1:30 P.M. 



FORTY-SEVENTH DAY 

Senate Chamber, 
Thursday, April 15, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Eternal God, as we seek Your Blessing today, remind us that we cannot deceive You, 
though we may deceive ourselves. We should not devise our own plans, draft our own 
schemes and then have the nerve to ask You to bless them, for we know there are some 
things You will not and cannot bless. Unless Your Blessing accompanies what we do, we 
waste our time. 

"Guide us in what we propose, so that You can bless us in what we produce. Amen. " 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yesterday, 
Wednesday, April 14, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Plyler, due to personal reasons; to Senator Simpson, who is having minor surgery; and to 
Senator Plexico. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolution properly enrolled, and 
they are duly ratified and sent to the Office of the Secretary of State: 

S.B. 37 (Committee Substitute) , an act to change the membership of the Agriculture 
and Forestry Awareness Study Commission. (Ch. 23) 

H. B. 420, an act to change the name of the Resources Development Commission for 
Brunswick County to the Brunswick County Economic Development Commission. 
(Ch. 24) 

S.J.R. 522, a joint resolution honoring the life, service, and memory of John C. 
Kesler. (Res. 8) 



April 15, 1993 



278 SENATE JOURNAL [Session 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Tally for the Environment and Natural Resources Committee: 

S. B. 55 (House Committee Substitute) , a bill to clarify the General Statutes to include 
training for incinerator operators of solid waste management facilities, with a favorable 
report as to concurrence. 

By Senator Cooper for the Judiciary II Committee: 

S . B . 611, a bill to provide the same confidentiality of personnel records of water and 
sewer authorities as are provided those of cities, counties, and other units of local 
government, with a favorable report. 

By Senator Edwards for the Economic Development Committee: 

S. B. 708, a bill to allow Harnett County, the City of Dunn, and the Towns of Angier, 
Coats, Erwin, and Lillington to take into consideration prospective revenues generated 
by a development in arriving at the amount of consideration for an economic develop- 
ment conveyance, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Edwards, the rules are suspended, and the proposed Committee 
Substitute bill 5608, which changes the title to read S. B. 708 (Committee Substitute) , a 
bill to allow Harnett, Lee, Nash and Polk Counties and the Cities of Angier, Broadway, 
Coats, Dunn, Erwin, Lillington, Monroe, Rocky Mount and Sanford to take into 
consideration prospective revenues generated by a development in arriving at the amount 
of consideration for an economic development conveyance, is placed before the Senate 
for immediate consideration. 

On motion of Senator Edwards, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, April 19, for further consideration. 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Jordan: 

S.B. 867, a bill to provide that membership on county boards of health shall include 
licensed chiropractors. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Soles: 

S.B. 868, a bill to provide for the liquidation of assets of certain dissolved 
corporations without requiring court involvement. 
Referred to Judiciary II Committee. 

By Senators Plyler and Conder: 

S.B. 869, a bill to implement a master application system for business licenses and to 
appropriate funds to the Department of the Secretary of State to implement the master 
application system. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 



April 15, 1993 



1993] SENATE JOURNAL 279 

By Senator Plyler: 

S.B. 870, a bill to fund the Milk Sanitation Inspection Program. 

Referred to Appropriations Committee. 

By Senators Odom, Ward, and Tally: 

S.B. 871, a bill to authorize cities and towns to license contractors engaged in the 
business of making improvements to buildings and structures and to increase the 
collectibility of municipal privilege license taxes. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Carpenter, Conder, Lee, Codington, Walker, Ward, Harris, and Martin 
of Pitt: 

S.B. 872, a bill to provide that family care homes shall be treated as residences for 
purposes in addition to zoning. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Finance Committee. 

By Senators Winner of Mecklenburg, Sherron, Gunter, Johnson, Marshall, Ballance, 
Walker, Lee, Cooper, Richardson, Seymour, Perdue, Gulley, Daniel, Tally, and 
Winner of Buncombe: 

S.B. 873, a bill to protect a person's access to health care facilities. 

Referred to Judiciary I Committee. 

By Senators Winner of Mecklenburg, Marshall, Gunter, and Daniel: 
S.B. 874, a bill to make changes in the laws pertaining to alimony, as recommended 
by the family law section of the North Carolina Bar Association. 
Referred to Judiciary I Committee. 

By Senators Tally, Ward, Codington, Marshall, Cochrane, Parnell, Smith, and 
Kaplan: 

S.B. 875, a bill to regulate interbasin transfers. 

Referred to Environment and Natural Resources Committee. 

By Senators Daniel, Warren, Plyler, Conder, Hoyle, Hunt, Sherron, Odom, Winner 
of Mecklenburg, Ward, Tally, Blackmon, Codington, Carpenter, Hartsell, Kincaid, 
Martin of Guilford, Perdue, Jordan, Parnell, Albertson, Martin of Pitt, Sands, Cooper, 
Winner of Buncombe, Lee, Seymour, Richardson, Kerr, Gunter, Allran, Walker, 
Soles, Forrester, Ballance, Marshall, Cochrane, Harris, Folger, Smith, Kaplan, and 
Speed: 

S.B. 876, a bill to amend the Regional Reciprocal Banking Act and to provide for 
nationwide interstate banking. 

Referred to Judiciary I Committee. 

By Senator Speed: 

S.B. 877, a bill to amend Chapter 20 of the General Statutes regarding interstate 
carriers. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Perdue, Daniel, Warren, Gulley, Gunter, Winner of Buncombe, Speed, 
Seymour, Forrester, Kerr, Cooper, Ballance, Sands, Jordan, Richardson, Hyde, 
Martin of Guilford, Lee, Odom, Martin of Pitt, Smith, Hoyle, Plyler, Soles, and 
Conder: 

S.B. 878, a bill to create the North Carolina Education Standards and Accountability 
Commission. 

Referred to Education/ Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 



April 15, 1993 



280 SENATE JOURNAL [Session 

By Senators Cooper and Gunter: 

S.B. 879, a bill to require school principals to report certain crimes on school property 
to law enforcement. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Judiciary II Committee. 

By Senator Cooper: 

S.B. 880, a bill to enable local boards of education to expel from school those students 
whose continued presence in school constitutes a clear threat to the safety and health of 
other students or employees. 

Referred to Education/ Higher Education Committee and upon a favorable 
report, re-referred to the Judiciary II Committee. 



COMMITTEE REPORTS (Continued) 

A select committee report is submitted out of the regular order of business, a bill is read 
by its title, together with the report accompanying it, and takes its place on the Calendar, 
as follows: 

By Senator Winner of Mecklenburg for the Select Committee on Bonds: 

S.B. 14, a bill to authorize the issuance of general obligation bonds of the State, 
subject to a vote of the qualified voters of the State, to provide funds, with any other 
available funds, for capital improvements for certain of the constituent or affiliated 
institutions of the University of North Carolina, for capital improvements for community 
colleges, and for public school buildings for Grades K through Twelve, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Winner of Mecklenburg, the rules are suspended, and the 
proposed Committee Substitute bill 7663, which changes the title to read S.B. 14 
(Committee Substitute) , a bill to authorize the issuance of nine hundred eighty-nine 
million dollars in general obligation bonds of the State, subject to a vote of the qualified 
voters of the State, to provide funds for (1) capital improvements for the University of 
North Carolina, (2) capital improvements for community colleges, (3) public school 
facilities for counties, (4) grants, loans, and revolving loans to local government units 
for water supply systems, wastewater collection systems, wastewater treatment works, 
and water conservation projects, and (5) grants and loans to local government units for 
solid waste management, is placed before the Senate for immediate consideration. 

On motion of Senator Winner of Mecklenburg, the Committee Substitute bill is 
adopted and on her further motion, is re-referred to the Finance Committee. 



WITHDRAWAL FROM COMMITTEE 

H. J.R. 680, a joint resolution honoring the late Governor Melville Broughton on the 
Fiftieth Anniversary of the North Carolina Center for Applied Textile Technology, 
referred to Rules and Operation of the Senate Committee on April 14. 

Senator Sands offers a motion that the rules be suspended and the joint resolution be 
taken from the Rules and Operation of the Senate Committee and placed on the 
Calendar for Monday, April 19, as special order of business No. 1, which motion 
prevails with unanimous consent. 

The Chair orders the joint resolution placed on the Calendar for Monday, April 19, as 
Special Order No. 1. 



April 15, 1993 



1993] SENATE JOURNAL 281 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 699 House of Representatives 

(House Committee Substitute) April 14, 1993 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on S. B . 699 , A BILL TO BE ENTITLED 
AN ACT MODIFY THE AUTHORITY OF DAVIE AND ROCKINGHAM 
COUNTIES TO UNDERTAKE LOCAL DEVELOPMENT ACTIVITIES to the end 
that when a similar action has been taken on the part of the Senate, you may order the bill 
enrolled. 

Respectfully, 
S/Denise G. Weeks 
House Principal Clerk 

The President orders the House Committee Substitute bill enrolled. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

H.B. 216 (Committee Substitute), a bill to authorize, under certain conditions, 
magistrates to issue domestic violence restraining orders and to make conforming 
changes to the General Statutes. 

Referred to Judiciary I Committee. 

H.B. 318 (Committee Substitute), a bill to adopt the Hertford County Watermelon 
Festival and the Fair Bluff Watermelon Festival as the official North Carolina 
Watermelon Festivals. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 452, a bill to clarify the requirements of the General Statutes pertaining to 
immunizations . 

Referred to Children and Human Resources Committee. 

H.B. 509, a bill to raise the inheritance tax filing threshold. 
Referred to Finance Committee. 

H.B. 547 (Committee Substitute), a bill to clarify that the North Carolina Seafood 
Industrial Park Authority may charge fees for its services or for the use of its facilities. 
Referred to Finance Committee. 

H.B. 587, a bill to clarify the rule-making authority of the Medical Care Commission 
for nursing home regulation. 

Referred to Judiciary II Committee. 



COMMITTEE REPORTS (Continued) 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 



April 15, 1993 



282 SENATE JOURNAL [Session 

By Senator Ballance for the Judiciary I Committee: 

S. B. 621, a bill to authorize fees for registrants under the Controlled Substances Act, 
with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 680, a bill to extend the period during which an employee may file a complaint 
with the Commissioner of Labor alleging retaliatory employment discrimination, with a 
favorable report. 

On motion of Senator Ballance, the bill is placed on the Calendar for Wednesday, 
April 21, for consideration. 

S.B. 714, a bill to authorize access to information relevant to noncriminal violations 
of the law from the Police Information Network, with a favorable report. 

RE-REFERRALS 

S.B. 345, a bill to implement a recommendation of the Government Performance 
Audit Committee to use cost-efficient delivery systems for teacher staff development, 
referred to the Government Performance Audit Select Committee on 
February 24. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Government Performance Audit Select Committee and 
re-referred to the Education/Higher Education Committee, which motion 
prevails with unanimous consent. 

The Chair orders the bill re-referred to the Education/ Higher Education 
Committee. 

S.B. 346, a bill to implement a recommendation of the Government Performance 
Audit Committee to establish a school staff development advisory group to provide rec- 
ommendations regarding staff development needs to the Superintendent of Public 
Instruction, referred to the Government Performance Audit Select Committee 
on February 24. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Government Performance Audit Select Committee and 
re-referred to the Education/Higher Education Committee, which motion 
prevails with unanimous consent. 

The Chair orders the bill re-referred to the Education/ Higher Education 
Committee. 

S.B. 347, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the State Board of Education to develop a strategic plan for 
teacher staff development, referred to the Government Performance Audit Select 
Committee on February 24. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Government Performance Audit Select Committee and 
re-referred to the Education/Higher Education Committee, which motion 
prevails with unanimous consent. 

The Chair orders the bill re-referred to the Education/ Higher Education 
Committee. 

S.B. 385, a bill to implement a recommendation of the Government Performance 
Audit Committee to review the lateral entry process for school administrators, referred to 
the Government Performance Audit Select Committee on February 24. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Government Performance Audit Select Committee and 
re-referred to the Education/Higher Education Committee, which motion 
prevails with unanimous consent. 

The Chair orders the bill re-referred to the Education/Higher Education 
Committee. 



April 15, 1993 



1993] SENATE JOURNAL 283 

S.B. 386, a bill to implement a recommendation of the Government Performance 
Audit Committee to replace current school tenure laws with laws and regulations that 
provide protection for administrators from arbitrary or capricious action by a supervisor, 
referred to the Government Performance Audit Select Committee on 
February 24. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Government Performance Audit Select Committee and 
re-referred to the Education/Higher Education Committee, which motion 
prevails with unanimous consent. 

The Chair orders the bill re-referred to the Education/ Higher Education 
Committee. 

S.B. 387, a bill to implement a recommendation of the Government Performance 
Audit Committee to develop procedures and policies to define the contract process and 
the process for reassignment and dismissal of school administrators referred to the 
Government Performance Audit Select Committee on February 24. 

Senator Martin of Guilford offers a motion that the rules be suspended and the bill be 
taken from the Government Performance Audit Select Committee and 
re-referred to the Education/Higher Education Committee, which motion 
prevails with unanimous consent. 

The Chair orders the bill re-referred to the Education/ Higher Education 
Committee. 

COMMITTEE REPORTS (Continued) 

A standing committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it and takes its place on the 
Calendar, as follows: 

By Senator Warren for the Banks and Thrift Institutions Committee: 

S.B. 481, a bill to allow investments in obligations issued, assumed, or guaranteed by 
the International Finance Corporation Investments, with a favorable report, as 
amended. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

S.R. 823 (Proposed Committee Substitute), a Senate simple resolution adopting the 
permanent rules of the Senate for the Regular Sessions of the 1993 General Assembly of 
North Carolina, for adoption. 

Without objection, on motion of Senator Sands, the Committee Substitute Senate 
simple resolution is temporarily displaced. 

S.B. 442, a bill to approve an annexation agreement between Davidson County, the 
City of High Point, and the City of Thomas ville, as to territory in Davidson County, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Ballance, Blackmon, Carpenter, 
Cochrane, Codington, Conder, Cooper, Edwards, Folger, Forrester, Gulley, Gunter, 
Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, Kaplan, Kerr, Marshall, 
Martin of Pitt, Odom, Parnell, Perdue, Richardson, Sands, Seymour, Shaw, Sherron, 
Smith, Soles, Speed, Tally, Walker, Ward, Warren, Winner of Buncombe, and 
Winner of Mecklenburg — 41. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, April 19, for further consider- 
ation upon third reading. 



April 15, 1993 



284 SENATE JOURNAL [Session 

S.B. 690, a bill amending the Charter of Durham to authorize the making of 
emergency repairs in housing code cases, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Blackmon, 
Carpenter, Cochrane, Codington, Conder, Cooper, Edwards, Folger, Forrester, 
Gulley, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, Kaplan, Kerr, 
Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, Perdue, Richardson, 
Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, Walker, Warren, 
Winner of Buncombe, and Winner of Mecklenburg — 40. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, April 19, for further 
consideration upon third reading. 

H.B. 204 (Committee Substitute), a bill to exchange tracts of land between the 
corporate limits of the Towns of Cary and Morrisville, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 41, 
noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Blackmon, 
Carpenter, Cochrane, Codington, Conder, Cooper, Edwards, Folger, Forrester, 
Gulley, Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Jordan, Kaplan, Kerr, Marshall, 
Martin of Pitt, Martin of Guilford, Parnell, Perdue, Richardson, Sands, Seymour, 
Shaw, Sherron, Smith, Soles, Speed, Tally, Walker, Ward, Warren, 
Winner of Buncombe, and Winner of Mecklenburg— 41. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for Monday, April 
19, for further consideration upon third reading. 

H.B. 208, a bill to restore the original corporate limits of the Town of Polkville, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Blackmon, 
Carpenter, Cochrane, Codington, Conder, Cooper, Edwards, Folger, Forrester, 
Gulley, Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Jordan, Kaplan, Kerr, Lee, 
Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, Perdue, Richardson, 
Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, Walker, Ward, Warren, 
Winner of Buncombe, and Winner of Mecklenburg — 42. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, April 19, for further 
consideration upon third reading. 

S.B. 649, a bill to update a local act which allows the City of Raleigh to have a 
subcommittee issue certificates of appropriateness. 

Without objection, on motion of Senator Gunter, the bill is temporarily displaced. 

S.B. 688, a bill amending the Durham City Charter with respect to zoning protest 
petitions. 

The bill passes its second (42-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 689, a bill to permit the City of Durham to provide relocation assistance 
payments for the value of mortgage credit certificates. 

The bill passes its second (43-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 649, a bill to update a local act which allows the City of Raleigh to have a 
subcommittee issue certificates of appropriateness, temporarily displaced earlier. 

On motion of Senator Gunter, consideration of the bill is postponed until Monday, 
April 19. 



April 15, 1993 



1993] SENATE JOURNAL 285 

S. B. 161 (Committee Substitute) , a bill to allow all trailers to obtain multiyear license 
plates, to redefine a "horseless carriage" as a vehicle that is a model year 1943 or older, 
to authorize the Division of Motor Vehicles to issue specialized registration plates bearing 
the emblem of a civic club, to authorize the Division of Motor Vehicles to issue 
specialized registration plates depicting various State attractions in North Carolina and 
to provide for the disposition of income from these plates, to authorize the Division of 
Motor Vehicles to issue specialized registration plates bearing the emblem of the Special 
Olympics and to provide for the disposition of income from these plates, and to make 
technical and administrative changes to the laws concerning special license plates, as 
amended, upon second reading. 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Blackmon, 
Carpenter, Cochrane, Codington, Conder, Cooper, Edwards, Folger, Forrester, 
Gulley, Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, Kaplan, Kerr, 
Lee, Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, Perdue, 
Richardson, Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, Tally, Walker, 
Ward, Warren, Winner of Buncombe, and Winner of Mecklenburg — 44. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
Monday, April 19, for further consideration upon third reading. 

S.B. 162 (Committee Substitute No. 2), a bill to modify the requirements for 
licensure as a motor vehicle wholesaler or dealer, to limit the number of motor vehicle 
dealer license plates that can be issued to the same dealer, to modify the sanctions for 
misuse of a dealer license plate, to expand the use of transporter plates, and to change 
the fees for dealer plates and transporter plates, upon second reading. 

The Committee Substitute bill No. 2 passes its second reading by roll-call vote, ayes 
43, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Blackmon, 
Carpenter, Cochrane, Codington, Conder, Cooper, Edwards, Folger, Forrester, 
Gulley, Gunter, Harris, Hartsell, Hoyle, Hunt, Hyde, Johnson, Jordan, Kaplan, Kerr, 
Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, Perdue, Richardson, 
Sands, Seymour, Shaw, Sherron, Smith, Soles, Speed, Tally, Walker, Ward, Warren, 
Winner of Buncombe, and Winner of Mecklenburg— 43. 

Voting in the negative: None. 

The Committee Substitute bill No. 2 is ordered placed on the Calendar for Monday, 
April 19, for further consideration upon third reading. 

COMMITTEE REPORTS (Continued) 

A standing committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it and takes its place on the 
Calendar, as follows: 

By Senator Perdue for the Education/Higher Education Committee: 

H.B. 410 (Committee Substitute), a bill to merge the Beaufort County and 
Washington City School Administrative Units, with a favorable report. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 



April 15, 1993 



286 SENATE JOURNAL [Session 

A select committee report is submitted out of the regular order of business, a bill is read 
by its title, together with the report accompanying it and takes its place on the Calendar, 
as follows: 

By Senator Martin of Guilford for the Government Performance Audit Select 
Committee: 

S.B. 408, a bill to implement a recommendation of the Government Performance 
Audit Committee to modify the procedures concerning final administrative decisions in 
contested cases heard by the Office of Administrative Hearings, with a favorable report. 

On motion of Senator Martin of Guilford, the bill is re-referred to the Judiciary II 
Committee. 



CALENDAR (Continued) 

S.B. 575, a bill to require the payment of outstanding fines as a condition of license 
renewal for domiciliary care facilities and nursing facilities. 

On motion of Senator Walker, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (44-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 578, a bill to increase the maximum speed for school buses to forty-five miles per 
hour. 

On motion of Senator Ballance, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (44-1) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 658, a bill to expand the property tax exemption for computer software. 

The bill passes its second reading (41-3). 

Senator Shaw objects to the third reading of the measure. Without objection, on 
motion of Senator Kaplan, the measure is placed on the Calendar for Tuesday, April 20, 
for further consideration upon third reading. 

S.R. 823 (Proposed Committee Substitute), a Senate simple resolution adopting the 
permanent rules of the Senate for the Regular Sessions of the 1993 General Assembly of 
North Carolina, for adoption, temporarily displaced earlier. 

On motion of Senator Sands, consideration of the Committee Substitute Senate simple 
resolution is postponed until Monday, April 19, and on his further motion is placed for a 
special order of business, No. 2. 

On motion of Senator Basnight, seconded by Senator Harris, the Senate adjourns at 
2:41 P.M. to meet Monday, April 19, at 7:00 P.M. 



FORTY-EIGHTH DAY 

Senate Chamber, 
Monday, April 19, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 



April 19, 1993 



1993] SENATE JOURNAL 287 

"Dear God, Edgar Guest once wrote, 'They started to sing as they tackled the thing 
that couldn't be done and they did it!' 

"At the risk of making a joyful noise, let our unison song be 'Guide us Oh Thou Great 
Jehovah,...' for we can do all things through You, our Strength and our Redeemer. 

"Then we, too, can tackle the things they said couldn't by done and do them. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, April 
15, has been examined and is found to be correct. On his motion, the Senate dispenses 
with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for tonight to Senator 
Hartsell, who is attending a meeting of the commissioners. 

The Chair recognizes Senator Basnight, President Pro Tempore, who announces the 
Escort Committee for the University of North Carolina at Chapel Hill Men's Champion- 
ship NCAA Division I Basketball Team, Head Coach Dean Smith, and the coaching 
staff, as follows: Senator Lee, Chairman; Senators Cooper, Forrester, Hartsell, Kerr, 
Odom, Sands, Shaw, Walker, Ward, and Winner of Buncombe. 



INTRODUCTION OF RESOLUTION 

Senator Basnight offers a motion that Rule 40 be suspended to allow the introduction of 
the following joint resolution, filed earlier today, which motion prevails by a two-thirds 
majority vote. 

By Senators Lee, Walker, Winner of Buncombe, Daniel, Cooper, Odom, Kerr, 
Conder, Kaplan, Ward, Smith, Allran, Edwards, Soles, Richardson, Cochrane, 
Forrester, Kincaid, Warren, Martin of Guilford, Simpson, Perdue, Tally, Basnight, 
Sherron, Hunt, Plexico, Sands, and Carpenter: 

S.J.R. 919, a joint resolution recognizing the Men's Basketball Program at the 
University of North Carolina at Chapel Hill and honoring the 1992 Men's Basketball 
Team on winning the 1993 NCAA Division I Championship. 

On motion of Senator Basnight, the joint resolution is placed before the Senate for 
immediate consideration. 

The Sergeant-at-Arms announces the presence of the University of North Carolina at 
Chapel Hill NCAA Division I Men's Basketball Championship Team, Head Coach 
Dean Smith, and members of his staff are at the doors of the Chamber and await the 
pleasure of the Senate. The President orders the Sergeant-at-Arms to open the doors of 
the Chamber and to lead the Escort Committee and the Honored Guests to the Well of the 
Senate. Senator Lee presents the Honored Guests to the President. 

With unanimous consent, on motion of Senator Lee, the joint resolution is read in its 
entirety. Senator Lee briefly addresses the Senate and recognizes the achievements of 
the 1992-1993 team members: Eric Montross, Pat Sullivan, Larry Davis, Henrick 
Rodl, Scott Cherry, Derrick Phelps, Donald Williams, Dante Calabria, Brian Reese, 
Kevin Salvadori, George Lynch, Travis Stephenson, Ed Geth, Matt Wenstrom, and 
Serge Zwikker; junior varsity members and team managers; Head Coach Dean Smith; 
Assistant Coaches Bill Guthridge, Phil Ford, and Randy Wiel; and other staff. 

Senator Lee calls the previous question, seconded by Senator Sands. The call is 
sustained. The joint resolution passes its second (47-0) and third readings. With 
unanimous consent, the Chair orders the joint resolution sent to the House of 
Representatives by special messenger. 

Senator Lee introduces Head Coach Dean Smith and requests permission for him and 
any team member to speak. The President recognizes Coach Smith, George Lynch, and 
Matt Wenstrom who briefly address the Senate. The Senate responds with a standing 
ovation. 

The President directs the Committee to escort the Honored Guests from the Chamber. 



April 19, 1993 



288 SENATE JOURNAL [Session 

ENROLLED BILL 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the Office of the Secretary of State: 

S.B. 699 (House Committee Substitute), an act to modify the authority of Davie and 
Rockingham Counties to undertake local development activities. (Ch. 25) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Walker for the Children and Human Resources Committee: 

S.B. 490, a bill to implement a recommendation of the Child Fatality Task Force to 
establish community child protection teams as statutory entities, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Walker, the rules are suspended, and the proposed Committee 
Substitute bill 2633, which changes the title to read S.B. 490 (Committee Substitute) , a 
bill to implement recommendations of the Child Fatality Task Force to phase in a 
multidisciplinary State Child Fatality Prevention System by establishing community child 
protection teams in each county, to add one member to the Child Fatality Task Force, to 
direct the State Center for Health Statistics to study childhood deaths in the State, and to 
make an appropriation, is placed before the Senate for immediate consideration. 

On motion of Senator Walker, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Appropriations Committee. 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 570, a bill to amend the Sedimentation Pollution Control Act of 1973 to make it 
more effective, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Tally, the proposed Committee Substitute bill 4598 is placed 
before the Senate for immediate consideration, and on her further motion is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

By Senator Harris for the Pensions and Retirement Committee: 

H.B. 225, a bill to allow additional retroactive membership in the North Carolina 
Firemen's and Rescue Squad Workers' Pension Fund, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Cooper, Conder, Edwards, Hoyle, Lee, Martin of Guilford, Plyler, 
Sands, Sherron, Smith, Walker, and Ward: 

S.B. 881, a bill to establish a second Juvenile Code Revision Committee to study the 
provisions of the existing Juvenile Code that relate to delinquency and recommend 
necessary revisions. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 



April 19, 1993 



1993] SENATE JOURNAL 289 

By Senators Lee, Walker, Ward, and Warren: 

S.B. 882, a bill to provide greater flexibility in local school board expenditures and 
provide incentives for greater fiscal responsibility. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senators Lee, Gunter, and Walker: 

S.B. 883, a bill to require the State Board of Education to report on the National 
Board for Professional Teaching Standards' program for identifying highly professional 
teachers and recommend a plan for providing monetary incentives for teachers to partici- 
pate in that program. 

Referred to Education/Higher Education Committee. 

By Senators Allran, Gulley, Cochrane, Codington, Forrester, Winner of 
Mecklenburg, Carpenter, Kerr, and Gunter: 

S.B. 884, a bill to allow school superintendents to choose not to put all letters of 
complaints in teachers' personnel files. 

Referred to Judiciary II Committee. 

By Senator Sands: 

S.B. 885, a bill to insure that consumers have the right to select the pharmacy of their 
choice. 

Referred to Judiciary II Committee. 

By Senator Cochrane: 

S.B. 886, a bill to create the Bermuda Run Maintenance and Security District. 
With unanimous consent, on motion of Senator Cochrane, the bill is ordered held as 
filed in the Office of the Principal Clerk, without first reading. 

Senator Sands offers a motion that the remaining bills filed for introduction tonight, be 
read the first time and referred to committee upon the completion of tonight's Calendar, 
which motion prevails. 

Senator Sands offers a motion that messages received from the House of 
Representatives, transmitting bills, be read the first time and disposed of upon the 
completion of tonight's Calendar, which motion prevails. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

SPECIAL ORDER NO. 1 

The hour having arrived for the consideration of Special Order No. 1 the President of 
the Senate lays before the Senate Special Order No. 1, it being H.J.R. 680, a joint 
resolution honoring the late Governor Melville Broughton on the Fiftieth Anniversary of 
the North Carolina Center for Applied Textile Technology. 

With unanimous consent, on motion of Senator Sands, consideration of the joint 
resolution is postponed until tomorrow, Tuesday, April 20, and is set as special order of 
business, No. 1. 



SPECIAL ORDER NO. 2 

The hour having arrived for the consideration of Special Order No. 2 the President of 
the Senate lays before the Senate Special Order No. 2, it being S.R. 823 (Proposed 



April 19, 1993 



290 SENATE JOURNAL [Session 

Committee Substitute) , a Senate simple resolution adopting the permanent rules of the 
Senate for the Regular Sessions of the 1993 General Assembly of North Carolina, for 
adoption. 

Senator Sands offers Amendment No. 1 which is adopted (47-0). 

Senator Gunter offers Amendment No. 2 which she subsequently withdraws. 

Senator Sands offers Amendment No. 3 which is adopted (48-0). 

On motion of Senator Sands, the Committee Substitute Senate simple resolution, as 
amended, is adopted (48-0). 

The Chair orders the Committee Substitute Senate simple resolution engrossed. The 
text of the resolution is as follows: 

Be it resolved by the Senate: 

Section 1 . The permanent rules for the Regular Sessions of th Senate shall be as 
follows: 

PERMANENT RULES OF 

THE REGULAR SESSIONS OF THE SENATE 

1993 GENERAL ASSEMBLY OF NORTH CAROLINA 

I. Order of Business, Rules 1-7 

II. Conduct of Debate, Rules 8-17 

III. Motions, Rules 18-24 

IV. Voting, Rules 25-30 

V. Committees, Rules 31-37 

VI. Handling Bills, Rules 38-59.1 

VII. Legislative Officers and Employees, Rules 60-65 

VIII. General Rules, Rules 66-77. 

I. Order of Business 

RULE 1. Rules controlling the Senate of North Carolina and its 
committees. — The following rules shall govern and control all actions and procedures 
of the Senate and its committees. 

RULE 2. Convening hour.— The Presiding Officer shall take the Chair at the 
hour fixed by the Senate upon adjournment on the preceding legislative day, and shall 
call the members to order. In case the Senate adjourned on the preceding legislative day 
without having fixed the hour of reconvening, the Senate shall reconvene on the next 
legislative day at 1:30 p.m. , except that if the next legislative day is Monday, time for 
convening shall be 8:00 p.m. 

RULE 3. Opening the session.— The Presiding Officer shall, upon order 
being obtained, have the sessions of the Senate opened with prayer. 

RULE 4. Convening in absence of President. — In the absence of the 
President, the President Pro Tempore shall reconvene the Senate and preside, and during 
such time shall be vested with all powers of the President except that of casting a vote in 
case of tie when he has already voted on the question as a Senator. In the event of the 
absence of the President and President Pro Tempore at any time fixed for the reconvening 
of the Senate, the Deputy President Pro Tempore of the Senate, the Principal Clerk of the 
Senate, or in his or her absence also, the Chairman of the Senate Committee on Rules 
and Operation of the Senate, shall call the Senate to order and designate some member to 
act as Presiding Officer. 

RULE 5. Quorum. — (a) A quorum consists of a majority of all the qualified 
members of the Senate. 

(b) When a lesser number than a quorum convenes, the Senators present may send 
the Sergeant-at-Arms or any person, for any or all absent Senators, as a majority of the 
Senators present determines. 



April 19, 1993 



1993] SENATE JOURNAL 291 

RULE 6 . Approval of Journal. — After the prayer, and upon appearance of a 
quorum, the Presiding Officer shall cause the Journal of the preceding day to be read and 
approved, unless the President Pro Tempore or, in his absence, the Deputy President Pro 
Tempore of the Senate or some member of the Senate by motion sustained by a majority 
of the members present, has the reading thereof dispensed with and the same approved 
as written. 

RULE 7. Order of business. — After approval of the Journal, the order of 
business shall be as follows: 

(1) Reports of standing committees. 

(2) Reports of select committees. 

(3) Introduction of bills, petitions, and resolutions. 

(4) Messages from the House of Representatives. 

(5) Unfinished business of preceding day. 

(6) Special orders. 

(7) General orders: 

(a) Local bills in numerical order, Senate bills first 

(i) Third reading roll call and electronic voting system votes 
(ii) Second reading roll call and electronic voting system votes 
(iii) Second reading viva voce 
(iv) Third reading viva voce 

(b) Public bills in numerical order, Senate bills first 

(i) Third reading roll call and electronic voting system votes 
(ii) Second reading roll call and electronic voting system votes 
(iii) Second reading viva voce 
(iv) Third reading viva voce 

II. Conduct of Debate 

RULE 8. Presiding Officer to maintain order.— The Presiding Officer 
shall have general direction of the Hall of the Senate and shall be authorized to take such 
action as is necessary to maintain order, and in case of any disturbance or disorderly 
conduct in the galleries or lobbies, he shall have the power to order those areas cleared. 

RULE 9. Substitution for Presiding Officer. The Presiding Officer shall 
have the right to call on any member of the Senate to perform the duties of the Chair, but 
substitution shall not extend beyond one day. 

RULE 10. Points of order. — (a) The Presiding Officer shall preserve order 
and decorum and proceed with the business of the Senate according to the rules adopted. 
He shall decide all questions of order, subject to an appeal to the Senate by any member, 
on which appeal no member shall speak more than once unless by leave of the Senate. A 
two-thirds vote of the membership of the Senate present and voting is necessary to 
sustain any appeal from the ruling of the Presiding Officer. 

(b) In the event the Senate Rules do not provide for, or cover any point of order raised 
by any Senator, the rules of the United States House of Representatives shall govern. 

(c) When a Senator is called to order he shall take his seat until the Presiding Officer 
determines whether he was in order or not; if decided to be out of order, he shall not 
proceed without the permission of the Senate; and every question of order shall be 
decided by the Presiding Officer, subject to an appeal to the Senate by any Senator; and if 
a Senator is called to order for words spoken, the words to which an exception is made 
shall be immediately taken down in writing by the Principal Clerk, so that the Presiding 
Officer or Senate may be better able to judge the matter. 



April 19, 1993 



292 SENATE JOURNAL [Session 

RULE 11. Debating and voting by Lieutenant Governor.— The 

Lieutenant Governor, as President of the Senate, being a Constitutional Officer shall not 
have the right to debate any question or to address the Senate upon any proposition unless 
by permission of the majority of members present, and shall have the right to vote only 
when there is a tie vote upon any question or election. 

RULE 12. Obtaining recognition. — (a) When any Senator is about to speak 
in debate or deliver any matter to the Senate, he shall rise from his seat and respectfully 
address the Presiding Officer. No member shall speak further until recognized by the 
Presiding Officer. The Presiding Officer shall recognize the first to rise and, when two or 
more members rise at the same time, the Presiding Officer shall name the member to 
speak. 

(b) A Senator who has the floor may yield the floor to another Senator only for the 
purpose of allowing another Senator to state a question. Only the Presiding Officer may 
award the floor to any Senator. 

(c) A Senator who has obtained the floor may be interrupted only for the following 
reasons: 

1. a request that the member speaking yield for a question, 

2. a point of order, or 

3. a parliamentary inquiry. 

(d) When a Senator refers to a bill, the bill number and short title must be used. 

RULE 13. (Reserved for future use.) 

RULE 14. Limitations on individual debate. — (a) No Senator shall speak 
on the same reading more than twice on the main question, nor longer than thirty minutes 
for the first speech and fifteen minutes for the second speech. No Senator shall speak on 
the same reading more than once on any motion or appeal, and then no longer than ten 
minutes. 

(b) By permission of the Presiding Officer any member of the Senate may address the 
Senate from the well of the Senate. 

RULE 15. Questions of personal privilege.— Upon recognition by the 
Presiding Officer for that purpose, any Senator may speak to a question of personal 
privilege for a time not exceeding three minutes. Personal privilege may not be used to 
explain a vote, debate a bill, or in any way disrupt the regular business of the Senate. 
Personal privilege shall not be used to solicit support or sponsors for any bill. The 
Presiding Officer shall determine if the question raised is one of privilege and shall, 
without the point of order being raised, enforce this rule. 

RULE 16. (Reserved for future use). 

RULE 17. General decorum. — (a) Male Senators and male visitors shall 
uncover their heads upon entering the Senate Chamber while the Senate is in session and 
shall continue uncovered during their continuance in the Chamber, unless one's religion 
requires his head to be covered. 

(b) No derogatory remark reflecting personally upon any Senator shall be in order 
upon the floor of the Senate unless preceded by a motion or resolution of censure. 

(c) When the Presiding Officer is putting a question, or a division by counting is in 
progress, no Senator shall walk out of or across the Chamber, nor when a Senator is 
speaking, pass between him and the Presiding Officer. 

(d) When a motion to adjourn or for recess is affirmatively determined, no member or 
officer shall leave his place until adjournment or recess is declared by the Presiding 
Officer. 

(e) Smoking shall not be allowed in the galleries of the Senate during sessions. 

(f) No remark soliciting the donation of funds for the support of any person or 
organization shall be in order upon the floor of the Senate, unless the remark has some 



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relevance to a bill or resolution before the body. No article of any kind soliciting business 
or donations may be placed by any person anywhere in the Senate Chamber or in any 
Senate office. 

(g) Food or beverage shall not be permitted in the Senate Chamber, either on the floor 
or in the galleries; however, after the Senate has remained in session for a period of one 
hour, food and beverage shall be allowed upon the floor of the Senate. 

(h) Reading of newspapers, magazines, periodicals or books shall not be acceptable 
while the Senate is in session. This rule does not prohibit the use of quotations during 
debate or for personal privilege. 

III. Motions 

RULE 18. Motions generally.— Any motion shall be reduced to writing, if 
requested by the Presiding Officer or a Senator, and read by the Presiding Officer or 
Reading Clerk before the same is debated. Any motion may be withdrawn by the 
introducer at any time before decision or amendment. No motion relating to a bill shall 
be in order which does not identify the bill by its number and short title. Except as 
otherwise specifically provided in these rules, no second is required. 

RULE 19. Motion; order of precedence.— When a question is before the 
Senate no motion shall be received except those herein specified, which motions shall 
have precedence as follows: 

(1) To adjourn. 

(2) To lay on the table. 

(3) For the previous question. 

(4) To postpone indefinitely. 

(5) To postpone to a certain day. 

(6) To commit to a standing committee. 

(7) To commit to a select committee. 

(8) To amend. 

RULE 20. Motions requiring a second. — The motions to adjourn, to lay on 
the table, and to call for the previous question, shall be seconded and decided without 
debate. 

RULE 21. Motions to postpone to certain day and to commit.— The 

respective motions to postpone to a certain day, or to commit to a standing or select 
committee, shall preclude debate on the main question. 

RULE 22. Motion to Substitute.— Subject to Rule 19, a member may offer a 
motion to substitute to any motion, except the motions for the previous question, to 
table, or to adjourn. No motion to substitute shall be offered to a motion to substitute. 

RULE 23. Motion for previous question. — The previous question shall be 
as follows: "Shall the main question be now put?" and until it is decided shall preclude 
all amendments and debate. If this question is decided in the affirmative, the "main 
question" shall be on the passage of the bill, resolution, or other matter under consider- 
ation; but when amendments are pending, the question shall be taken upon such 
amendments in their inverse order, without further debate or amendment. No one shall 
move the previous question except the chairman of the committee submitting the report 
on the bill or other matter under consideration, or the member introducing the bill or 
other matter under consideration, or the member in charge of the measure, who shall be 
designated by the chairman of the committee reporting the same to the Senate at the time 
the bill or other matter under consideration is reported to the Senate or taken up for 
consideration. 

RULE 24. Motion to reconsider. — (a) When a question has been once put 
and decided, any Senator who voted in the majority may move to reconsider the vote 



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294 SENATE JOURNAL [Session 

thereof. No motion for the reconsideration of any vote shall be in order after the bill, 
resolution, or other matter upon which the vote was taken has gone out of the possession 
of the Senate. No motion for reconsideration shall be in order unless made on the same 
day or in the next following legislative day on which the vote took place. When the next 
legislative day has by motion of the Senate been restricted as to matters which may be 
considered, a motion to reconsider shall be in order on the next succeeding day upon 
which regular business is conducted. No question shall be reconsidered more than once, 
(b) Notwithstanding subsection (a) of this Rule, a motion to reconsider is in order at 
any time if made by the Chairman or, in his absence, the Vice-Chairman of the 
Committee on Rules and Operation of the Senate for the sole purpose of correcting 
grammatical errors in bills in the possession of the Senate. 



IV. Voting 

RULE 25. Use of electronic voting system. — (a) Votes on the following 
questions shall be taken on the electronic voting system, and the ayes and noes shall be 
recorded on the Journal: 

(1) All questions on which the Constitution of North Carolina requires that the 
ayes and noes be taken and recorded on the Journal; 

(2) All questions on which a call for the ayes and noes under Rule 26(b) has 
been sustained; and 

(3) Second and third readings of bills proposing amendment of the 
Constitution of North Carolina. 

(b) Votes on the following questions shall be taken on the electronic voting system and 
the resulting totals shall be recorded on the Journal: 

(1) Second reading of all public bills, all amendments to public bills offered 
after second reading, third reading if a public bill was amended after 
second reading, and all conference reports on public bills. 

(2) Any other question upon direction of the Presiding Officer or upon motion 
of any Senator supported by one-fifth of the Senators present. 

(c) When the electronic voting system is used, the Presiding Officer shall fix and 
announce the time, not to exceed one minute, which shall be allowed for voting on the 
question before the Senate. The system shall be set to lock automatically and to record 
the vote when that time has expired. Once the system has locked and recorded a vote, 
the vote shall be printed by the system. 

(d) The voting station at each Senator' s desk in the Chamber shall be used only by the 
Senator to which the station is assigned. Under no circumstances shall any other person 
vote at a Senator's station. It is a breach of the ethical obligation of a Senator either to 
request that another vote at the requesting Senator's station, or to vote at another 
Senator's station. The Presiding Officer shall enforce this rule without exception. 

(e) When the electronic voting system is used, the Presiding Officer shall state the 
question and shall then state substantially the following: "All in favor vote 'aye'; all 

opposed vote 'no' ; seconds will be allowed for voting on this question; the Clerk 

will record the vote. " After the machine locks and records the vote, the Presiding Officer 
shall announce the vote and declare the result. 

(f) One copy of the machine print-out of the vote record shall be filed in the office of 
the Principal Clerk, and one copy shall be filed in the Legislative Library where it shall be 
open to public inspection. 

(g) When the Presiding Officer ascertains that the electronic voting system is 
inoperative before a vote is taken or while a vote is being taken on the electronic system, 
he shall announce that fact to the Senate and any partial electronic system voting record 
shall be voided. In such a case, if the Constitution of North Carolina or the Rules of the 
Senate require a call of the ayes and noes, the Clerk shall call the roll of the Senate, and 
the ayes and noes shall be taken manually and shall be recorded on the Journal. All 
other votes shall be taken as prescribed in Senate Rule 26. If, after a vote is taken on the 



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1993] SENATE JOURNAL 295 

electronic system, it is discovered that a malfunction caused an error in the electronic 
system print-out, the Presiding Officer shall direct the Reading Clerk and the Principal 
Clerk to verify and correct the print-out record and so advise the Senate. 

(h) For the purpose of identifying motions on which the vote is taken on the electronic 
system (the identification codes having no relation to the order of precedence of 
motions), the motions are coded as follows: 

1. To lay on the table. 

2. For the previous question. 

3. To postpone indefinitely. 

4. To postpone to a day certain. 

5. To refer to a committee. 

6. To reconsider. 

7. To adopt. 

8. To concur. 

9. To take from the table. 

10. Miscellaneous. 

RULE 26. Voice votes; call for ayes and noes. — (a) When the electronic 
voting system is not used, all votes on which a call of the roll of the Senate is not required 
shall be taken by voice vote. The question shall be put as follows: "Those in favor say 
'aye'," and, after the affirmative vote is expressed, "Opposed 'no'"; after which the 
Presiding Officer shall announce the result. If a division on any vote is desired, it must be 
called for immediately before the result of the voting is announced on any question, and 
upon such call, the Presiding Officer shall require the members to stand and be counted 
for and against the proposition under consideration. 

(b) The ayes and the noes may be called for on any question before the vote is taken. 
If a Senator desires the ayes and noes recorded on the Journal on a question, he shall 
address the Presiding Officer and obtain recognition and say, "Upon that question I call 
for the ayes and noes." Whereupon the Presiding Officer shall say, "Is the call 
sustained?" If one-fifth of the remaining Senators present then stand, the vote shall be 
taken on the electronic voting system if it is operative, and the ayes and noes shall be 
recorded on the Journal. If the electronic voting system is inoperative, the roll of the 
Senate shall be called and the ayes and noes taken manually and recorded on the 
Journal. If fewer than one-fifth of the Senators present stand to sustain the call, the 
Presiding Officer shall announce, "An insufficient number up" and a vote by electronic 
voting or by voice, whichever is appropriate under the Rules of the Senate, shall be 
taken. 

RULE 27. Pairs. — (a) If a Senator is paired with another Senator on a 
question, the Senator shall announce the pair as follows: "Mr. President, I desire to 

announce a pair. If Senator were present, he would vote ; I would vote 

(the opposite) . " The Senator shall send forward at that time a written statement 

of the pair on a form provided by the Principal Clerk and neither member of the pair shall 
vote on the question. A pair shall be announced before the vote is taken viva voce, or if 
the electronic voting system is used, before the machine is unlocked. The Clerk shall 
record the pair on the Journal when the Constitution or Rules of the Senate require a call 
of the roll and shall record on the electronic system print-out all pairs announced, 
(b) This rule does not apply to committee or subcommittee proceedings. 

RULE 28. Dividing question. — If any question contains several distinct 
propositions, it shall be divided by the Presiding Officer, at the request of any Senator, 
provided each subdivision, if left to itself, forms a substantive proposition. 

RULE 29. Duty to vote; excuses. — (a) Every Senator who is within the 
Senate Chamber when the question is stated by the Presiding Officer shall vote thereon 
unless he is excused by the Senate. 

(b) A Senator who is a member of a committee shall, upon request, be excused from 
deliberations and voting on the bill while it is before the committee. The Senator must 



April 19, 1993 



296 SENATE JOURNAL [Session 

make the request to the chair of the committee when the bill is first taken up for 
consideration and before any motion or vote on the bill or any amendment to the bill. 
The Senator making the request for excuse in Committee must renew his request for 
excuse on the floor of the Senate as set forth in this Rule. 

(c) Any Senator may move to be excused at any time from voting on any matter. The 
Senator may make a brief statement of the reasons for the motion which question shall be 
taken without debate on the motion. 

(d) The Senator may send forward to the Principal Clerk, on a form provided by the 
Clerk, a concise statement of the reason for the motion, and the Clerk shall include this 
statement in the Journal. 

(e) The Senator so excused shall not debate the bill or any amendment to the bill, vote 
on the bill, offer or vote on any amendment to the bill, or offer or vote on any motion 
concerning the bill at that reading, any subsequent reading, or any subsequent 
consideration of the bill. 

(f) A Senator may move that his excuse from deliberations on a particular bill be 
withdrawn, which question shall be determined without debate. 

(g) A motion to be excused or for the withdrawal of an excuse shall be taken without 
debate. 

RULE 30. Explanation of vote. — Any Senator may explain his vote on any 
bill by obtaining permission of the Presiding Officer after the final vote is taken. No more 
than three minutes shall be consumed in such explanation. 

V. Committees 

RULE 31. Appointment of committees. — (a) The President Pro Tempore 
of the Senate shall have the exclusive right and authority to appoint the majority party's 
membership of all committees, regular and select, and to appoint committee chairmen 
and vice-chairmen and to establish select committees , but this does not exclude the right 
of the Senate by resolution to establish select committees. The minority leader shall have 
the exclusive right and authority to appoint all minority party's members of said 
committees and appoint the ranking minority member. Upon the recommendation of the 
committee on Rules and Operation of the Senate, the Senate may authorize by majority 
vote of the Senators present and voting a change in the number of standing committees, 
(b) The President Pro Tempore and Minority Leader shall designate their party's 
members to all standing committees at the beginning of the session. 

RULE 32. List of standing/select committees. — (a) The standing 
committees shall be: 

Agriculture, Marine Resources, and Wildlife 
Appropriations 

Appropriations on Department of Transportation 

Appropriations on Education 

Appropriations on General Government 

Appropriations on Human Resources 

Appropriations on Justice and Public Safety 

Appropriations on Natural and Economic Resources 
Banks and Thrift Institutions 
Capital Expenditures and Improvements 
Children and Human Resources 

Subcommittee on Veteran and Military Affairs and Senior Citizens 
Constitution and Election Laws 
Economic Development/Travel and Tourism 
Education/Higher Education 
Environment and Natural Resources 
Finance 



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1993] SENATE JOURNAL 297 

Insurance 
Judiciary I 
Judiciary II 

Local Government and Regional Affairs 
Manufacturing and Labor 
Pensions and Retirement 
Public Utilities 

Rules and Operation of the Senate 
State Personnel and State Government 
Transportation 
Ways and Means, 
(b) A select committee shall be: 

Government Performance Audit Committee 

RULE 33. Notice of committee meetings. — (a) Public notice of all 
committee meetings shall be given in the Senate. The required notice may be waived as 
to any meeting by the attendance at that meeting of all of the members of the committee, 
or by personal waiver. 

(b) The chairman of the committee shall notify or cause to be notified the sponsor of 
each bill which is set for hearing or consideration before the committee as to the date, 
time and place of that meeting. 

(c) The published calendar shall reflect those committee notices received in the Office 
of the Principal Clerk prior to 3:30 p.m. or as announced in the daily session. 

RULE 34. Membership of committees; quorum. — (a) Membership on 
standing committees shall consist of not more than 20 nor less than 5 Senators, including 
the chairman and vice-chairmen and ranking minority member; provided that the 
Appropriations Committee and Finance Committee shall not be limited as to 
membership. The President Pro Tempore shall have the exclusive right and authority to 
determine the number of members of each committee. Except as agreed upon by the 
President Pro Tempore and the Minority Leader, membership of each standing 
committee shall, with respect to each political party, be in the same proportion to the 
nearest whole person as the proportion of membership by political party in the entire 
Senate. No Senator shall hold membership on more than 12 standing committees unless 
the committee on Rules and Operation of the Senate provides otherwise. 

A quorum of the Appropriations, Ways and Means, and Finance Committees shall 
consist of a majority of the Committee . A quorum of any other committee shall consist of 
either the chairman and 5 members or a majority of the committee, whichever is fewer. 

(b) The President Pro Tempore may attend each committee as if he were a member but 
shall have no vote. 

RULE 35. Roll call vote in committee. — No roll call vote may be taken in 
any committee. The committee chairman may vote in committee. 

RULE 36. Standing committee and standing subcommittee 
meetings. — No standing committee or standing subcommittee shall hold a secret 
meeting. All meetings of standing committees and standing subcommittees shall be open 
to the public, except as provided in G.S. 143-318. 14A(e). In no event shall final action 
be taken by any standing committee or standing subcommittee except in open session. 

RULE 36.1. Committee minutes to Legislative Library.— The 
chairman of a committee shall insure that written minutes are compiled for each of the 
committee's meetings. The minutes shall indicate the number of members present and 
the actions taken by the committee at the meeting. Not later than 30 days after the 
adjournment of each session of the General Assembly, the chairman shall deliver the 
minutes to the Legislative Library. The President Pro Tempore of the Senate may grant a 



April 19, 1993 



298 SENATE JOURNAL [Session 

reasonable extension of time for filing said minutes upon application of the committee 
chairman. 

RULE 37. (Reserved for interim operations rule). 

VI. Handling Bills 

RULE 38. Application of rules.— All provisions of these rules applying to 
bills shall apply also to resolutions, memorials and petitions. 

RULE 39. Form and copies of bills. — (a) Unless variation is authorized by 
the Committee on Rules and Operation of the Senate, bills submitted for introduction 
shall be in a computer-typed form prepared by the Legislative Services Office. When a 
bill which is introduced is not in the prescribed form, the Principal Clerk shall cause the 
bill to be retyped in the prescribed form, and the retyped copy shall become the official 
copy of the bill for all purposes. The original bill shall then be returned to the introducer 
of the bill and shall not become a part of the records or documents of the Senate. 

(b) Whenever a bill is introduced, 25 copies shall be submitted to the Principal Clerk. 
Any bill submitted without the required number of copies shall be immediately returned to 
the introducer. 

RULE 39.1. Public and local bills; availability of copies of bills.— A 

public bill is a bill affecting 15 or more counties. A local bill is one affecting fewer than 
15 counties. No public bill and, upon objection by a member, no local bill may be 
considered unless copies of the bill have been made available to the entire membership of 
the Senate. 

RULE 40. Introduction of bills. — (a) Every bill filed for introduction shall 
contain on the outside cover the title of the document and the name of the Senator or 
Senators presenting it. Bills shall be delivered by the primary sponsor of the document or 
with the prescribed authorization form signed by the primary sponsor to the office of the 
Senate Principal Clerk who shall receive them during regular session according to the 
following schedule: 

Monday until 8:30 o'clock p.m.; 

Tuesday, Wednesday, and Thursday until 
3:00 o'clock p.m.; 

Friday until 2:00 o'clock p.m. 
All bills shall be numbered by the Office of the Principal Clerk when filed and shall be 
considered introduced when presented to the Senate on the next following legislative day 
for the first reading and reference to committee. 

(b) All memorializing, celebration, commendation, and commemoration 
resolutions, except those which solely honor the memory of deceased persons or a North 
Carolina institution, or both, shall be excluded from introduction and consideration in 
the Senate. 

RULE 41. Crossover bill deadline. — In order to be eligible for consideration 
by the Senate during the first Regular Session, all House Bills other than those required to 
be referred to the Committee on Finance by Rule 42, appropriations bills or adjournment 
resolutions must be received and read on the floor of the Senate as a message from the 
House no later than May 13 of the first Regular Session; provided that a message from 
the House received by the next legislative day stating that a bill has passed its third 
reading and is being engrossed shall comply with the requirements of this rule and 
provided that the House has a similar rule. 

RULE 41.1. Relationship between Ways and Means Committee and 
other committees dealing with money matters; relationship between these 
other committees dealing with money matters. — In those instances specified 
herein, the Committee on Ways and Means shall have responsibility for final consider- 
ation of bills dealing with money matters before the bills are considered on the floor of the 
Senate. Upon the agreement of a chairman of any two of the following committees: 



April 19, 1993 



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Appropriations, Capital Expenditures and Improvements, Finance, and Ways and 
Means, any bill which is reported favorably from the Committee on Appropriations, the 
Committee on Capital Expenditures, or the Committee on Finance shall be re-referred 
by the Presiding Officer to the Committee on Ways and Means for consideration. Bills 
referred to the Committee on Appropriations pursuant to Rule 43 may be referred by the 
Chairman of the Committee on Appropriations to the Appropriations Committee on the 
Department of Transportation, the Appropriations Committee on Education, the 
Appropriations Committee on General Government, the Appropriations Committee on 
Human Resources, the Appropriations Committee on Justice and Public Safety, or the 
Appropriations Committee on Natural and Economic Resources for a report back to the 
Committee on Appropriations. 

RULE 42. References of appropriation, capital expenditure, and 
finance bills. — (a) All bills introduced in the Senate providing for appropriations from 
the State, or any subdivision thereof, except as provided for in subsection (b) of this rule, 
shall, before being considered by the Senate, be referred to the Committee on 
Appropriations, and bills referred to other committees carrying any such provisions shall 
be reported to the Senate as being bills to be referred to the Appropriations Committee 
before proper action may be taken by the Senate. 

(b) All bills providing for: 

(1) The acquisition or disposition of any interest in real property owned or to be 
acquired by the State, or the financing of that acquisition or disposition; or 

(2) The construction, management, renovation, repair, or use of any building 
or facility owned by or to be acquired by the State, or the financing of that 
construction, renovation, repair, or use 

shall, before being considered for passage by the Senate, be referred to the Committee on 
Capital Expenditures and Improvements. Bills containing these provisions that have 
been referred to other committees shall be reported to the Senate as bills to be referred to 
the Committee on Capital Expenditures and Improvements before being considered for 
passage by the Senate. 

(c) All bills introduced in the Senate providing for bond issues, imposing or raising fees 
or other revenues payable to the State, its agencies, its licensing boards, or any of its 
subdivisions, levying taxes, or in any manner affecting the taxing power of the State or 
any subdivision thereof, shall, before being considered by the Senate, be referred to the 
Committee on Finance, and bills referred to other committees carrying any such 
provisions shall be reported to the Senate as being bills to be referred to the Finance 
Committee before proper action may be taken by the Senate. 

(d) This rule shall not apply to bills imposing civil penalties, criminal fines, 
forfeitures, or penalties for infractions. 

RULE 42.1. Fiscal notes. — (a) A chairman or vice-chairman of the 
Appropriations Committee, or of the Capital Expenditures and Improvements 
Committee, or of the Finance Committee, or of the Rules and Operations of The Senate 
Committee, or of the Ways and Means Committee, upon the floor of the Senate, may 
request that a fiscal analysis be made of a bill, resolution or an amendment to a bill or 
resolution which is in the possession of the Senate and that a fiscal note be attached to the 
measure, when in the opinion of that chairman or vice-chairman the fiscal effects of that 
measure are not apparent from the language of the measure. No bill for which a fiscal 
note has been requested may be considered for passage prior to the fiscal note being 
attached to the bill. 

(b) The fiscal note shall be filed and attached to the bill or amendment within two 
legislative days of the request. If it is impossible to prepare a fiscal note within two 
legislative days, the Director of Fiscal Research shall, in writing, so advise the Presiding 
Officer, the Principal Clerk, and the member introducing or proposing the measure and 
shall indicate the time when the fiscal note will be ready. 



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300 SENATE JOURNAL [Session 

(c) The fiscal note shall be prepared by the Fiscal Research Division on a form 
approved by the Chairman of the Rules and Operation of The Senate Committee as to 
content and form and signed by the staff member or members preparing it . If no estimate 
in dollars is possible, the fiscal note shall indicate the reasons that no estimate is 
provided. The fiscal note shall not comment on the merit but may identify technical 
problems. The Fiscal Research Division shall make the fiscal note available to the 
membership of the Senate. 

(d) A sponsor of a bill or amendment may deliver a copy of his bill or amendment to 
the Fiscal Research Division for the preparation of a fiscal note. The sponsor shall 
attach the fiscal note to the bill when he files the bill or to the amendment when he moves 
its adoption. 

(e) The sponsor of a bill or amendment to which a fiscal note is attached who objects 
to the estimates and information provided may reduce to writing his objections. These 
objections shall be appended to the fiscal note attached to the bill or amendment and to 
the copies of the fiscal note available to the membership. 

(f) Subsection (a) of this rule shall not apply to the current operations appropriations 
bill or the capital improvements appropriations bill. This rule shall not apply to a bill or 
amendment requiring an actuarial note under these rules. 

RULE 42.2. Actuarial notes. — (a) Every bill or resolution proposing any 
change in the law relative to any 

1 . State, municipal or other retirement system funded in whole or in part out 
of public funds; or 

2. Program of hospital, medical, disability or related benefits provided for 
teachers and State employees, funded in whole or in part by State funds, 

shall have attached to it at the time of its consideration by any committee a brief 
explanatory statement or note which shall include a reliable estimate of the financial and 
actuarial effect of the proposed change to that retirement or pension system. The actuar- 
ial note shall be attached to the jacket of each proposed bill or resolution which is 
reported favorably by any committee, shall be separate therefrom, and shall be clearly 
designated as an actuarial note. Upon its introduction, a bill described in subsection 
(a)(1) of this rule shall be referred to the Committee on Pensions and Retirement. 

(b) The sponsor of the bill or resolution shall present a copy of the measure, with his 
request for an actuarial note, to the Fiscal Research Division which shall prepare the 
actuarial note as promptly as possible but not later than two weeks after the request is 
made. Actuarial notes shall be prepared in the order of receipt of request and shall be 
transmitted to the sponsor of the measure. The actuarial note of the Fiscal Research 
Division shall be prepared and signed by an actuary. 

(c) The sponsor of the bill or resolution shall also present a copy of the measure to the 
chief administrative officer of the retirement or pension system affected by the measure. 
The chief administrative officer shall have an actuarial note prepared by the system's 
actuary on the measure and shall transmit the note to the sponsor of the measure not later 
than two weeks after the request is received. The actuarial note shall be attached to the 
jacket of the measure. 

(d) The note shall be factual and shall, if possible, provide a reliable estimate of both 
the immediate effect and, if determinable, the long range fiscal and actuarial effect of the 
measure. If, after careful investigation, it is determined that no dollar estimate is 
possible, the note shall contain a statement to that effect, setting forth the reasons why 
no dollar estimate can be given. No comment or opinion shall be included in the 
actuarial note with regard to the merits of the measure for which the note is prepared. 
Technical and mechanical defects in the measure may be noted. 

(e) When any committee reports a measure to which an actuarial note is attached at 
the time of committee consideration, with any amendment of such nature as would 
substantially affect the cost to or the revenues of any retirement or pension system, the 



April 19, 1993 



1993] SENATE JOURNAL 301 

chairman of the committee reporting the measure shall obtain from the Fiscal Research 
Division an actuarial note of the fiscal and actuarial effect of the proposed amendment. 
The actuarial note shall be attached to the jacket of the measure. An amendment to any 
bill or resolution shall not be in order if the amendment affects the costs to or the revenues 
of a State-administered retirement or pension system, unless the amendment is 
accompanied by an actuarial note, prepared by the Fiscal Research Division, as to the 
actuarial effect of the amendment. 

(f) The Fiscal Research Division shall make all relevant actuarial notes available to 
the membership of the Senate. 

RULE 42.3. Assessment reports.— Every legislative proposal introduced in 
the Senate proposing the establishment of an occupational or professional licensing 
board or a study for the need to establish such a board shall have attached to the jacket of 
the original bill at the time of its consideration on second or third readings by the Senate 
or by any committee of the Senate prior to a favorable report, an assessment report from 
the Legislative Committee on New Licensing Boards, pursuant to Article 18A of Chapter 
120 of the General Statutes. The assessment report shall not constitute any part of the 
expression of legislative intent proposed by the formation of a licensing board. 

Upon receipt of the request the Legislative Committee on New Licensing Boards shall 
prepare and return the assessment report as soon as possible but not later than 60 days, 
reserving the right to extend this time to 90 days. A supplementary report shall be 
prepared and submitted to the requesting Senator not later than 30 days after the receipt 
of the request. 

RULE 42. 3A. Proposed increases in incarceration. — (a) Every bill and 
resolution proposing any change in the law that could cause a net increase in the length of 
time for which persons are incarcerated or the number of persons incarcerated, whether 
by increasing penalties for violating existing laws, by criminalizing behavior, or by any 
other means, shall have attached to it at the time of its consideration by the Senate a 
fiscal note prepared by the Fiscal Research Division. The fiscal note shall be prepared in 
consultation with the Sentencing Policy and Advisory Commission and shall identify and 
estimate, for the first five fiscal years the proposed change would be in effect, all costs of 
the proposed net increase in incarceration, including capital outlay costs if the legislation 
would require increased cell space. If, after careful investigation, the Fiscal Research 
Division determines that no dollar estimate is possible, the note shall contain a statement 
to that effect, setting forth the reasons why no dollar estimate can be given. No comment 
or opinion shall be included in the fiscal note with regard to the merits of the measure for 
which the note is prepared. However, technical and mechanical defects may be noted. 

(b) The sponsor of each bill or resolution to which this subsection applies shall present 
a copy of the bill or resolution with the request for a fiscal note to the Fiscal Research 
Division. Upon receipt of the request and the copy of the bill or resolution, the Fiscal 
Research Division shall prepare the fiscal note as promptly as possible. The Fiscal 
Research Division shall prepare the fiscal note and transmit it to the sponsor within two 
weeks after the request is made, unless the sponsor agrees to an extension of time. 

(c) This fiscal note shall be attached to the original of each proposed bill or resolution 
that is reported favorably by any committee, but shall be separate from the bill or resolu- 
tion and shall be clearly designated as a fiscal note. A fiscal note attached to a bill or 
resolution pursuant to this subsection is not a part of the bill or resolution and is not an 
expression of legislative intent proposed by the bill or resolution. 

(d) If a committee reports favorably a proposed bill or resolution with an amendment 
that proposes a change in the law that could cause a net increase in the length of time for 
which persons are incarcerated or the number of persons incarcerated, whether by 
increasing penalties for violating existing laws, by criminalizing behavior, or by any other 
means, the chair of the committee shall obtain from the Fiscal Research Division and 
attach to the amended bill or resolution a fiscal note as provided in this section. 



April 19, 1993 



302 SENATE JOURNAL [Session 

RULE 42. 3B. Local legislation affecting the State Highway 
System. — A local bill affecting the State Highway System shall be referred to the 
Committee on Transportation. 

RULE 42.4. Content of appropriations bills. — (a) No provision changing 
existing law shall be contained in any of the following bills: 

(1) the Current Operations Appropriations Bill; 

(2) the Capital Improvement Appropriations Bill; 

(3) any bill generally revising appropriations for the second fiscal year of a 
biennium . 

(b) No amendment to any bill listed in subsection (a) of this rule shall be in order if the 
language is prohibited by that subsection. 

(c) Notwithstanding subsections (a) and (b) of this section, any of the bills listed in 
subsection (a) of this section or an amendment to such bill may change existing law if the 
change: 

(1) Alters expenditures or salaries; 

(2) Changes the scope or character of a program which must be reduced, 
increased, or changed because of an increase or decrease of funds 
appropriated for the program or because of changes in federal law or 
regulation; or 

(3) Modifies any function of State government which necessitates a transfer of 
funds from one department to another; 

provided, that for a provision to be in order under this subsection, it must be 
recommended to the General Assembly in a written report adopted by the Appropriations 
Committee before or at the same time the bill is reported, or if such provision is contained 
in a floor amendment, the sponsor of the amendment must present to the Principal Clerk 
at or before the time the amendment is offered an explanation of the amendment for 
distribution to each member of the Senate. 

RULE 42.5. Appropriations Committee meetings. — (a) Not- 

withstanding the provisions of G.S. 143-14, and pursuant to the last sentence thereof, 
the Appropriations Chairman may in his or her sole discretion direct that the 
Appropriations Committee or its subcommittees or both may consider the budget and the 
budget plan including all appropriations in separate meetings from the House of 
Representatives and may do all things set forth in said Statute separately from the House 
of Representatives. 

(b) Notwithstanding the provisions of G.S. 143-14, and pursuant to the last sentence 
thereof, the Capital Expenditures and Improvements Chairman may in his or her sole 
discretion direct that the Capital Expenditures and Improvements Committee or its 
subcommittees or both may consider the budget and the budget plan including all 
appropriations in separate meetings from the House of Representatives and may do all 
things set forth in said Statute separately from the House of Representatives. 

RULE 43. First reading; reference to committee. — All bills filed for 
introduction and all House bills received in the office of the Principal Clerk not later than 
one and one-half hours preceding the convening of the Senate, upon presentation to the 
Senate, shall be read in regular order of business by their number and title which shall 
constitute the first reading of the bill. Unless otherwise disposed of, the Reading Clerk 
shall announce the referral of the bill which shall have been referred by the Principal 
Clerk of the Senate under the supervision of the Chairman of the Committee on Rules and 
Operation of the Senate or in his absence the Vice-Chairman of said Committee. The 
Principal Clerk shall inform the Presiding Officer of the referral. The title and referral 
shall be entered upon the Journal. 

Bills may be referred to more than one committee serially, i.e. "S.B. is 

referred to the Committee on Finance and upon a favorable report referred to the 
Appropriations Committee." 



April 19, 1993 



1993] SENATE JOURNAL 303 

RULE 44. Bills to receive three readings. — Every bill shall receive three 
readings before being passed, and the Presiding Officer shall give notice at each reading 
whether it be the first, second, or third. After the first reading, unless a motion is made 
by some Senator, the Reading Clerk shall announce the referral as set forth in Rule 43. 
No bill shall be amended upon the floor of the Senate until it has been twice read . Senate 
simple resolutions shall not require three readings. 

RULE 45. Reports of committees. — Every Senator presenting a report of a 
committee shall endorse the report with the name of the committee and, in case of a 
minority report, with the names of the members making the report. The report of the 
committee shall show that a quorum of the committee was present and a majority of those 
present voted in favor of the report. Every report of the committee upon a bill or 
resolution shall stand upon the general orders with the bill or resolution. No committee 
shall report a bill or resolution without prejudice. 

RULE 45.1. Action on amendment before re-referral. — If any 
committee recommends adoption of an amendment or committee substitute of a bill 
which, under the rules of the Senate is sequentially referred to another committee, the 
amendment or committee substitute shall be considered and, if adopted, the amendment 
or substitute engrossed before the bill is re-referred. 

RULE 46. Unfavorable report by committee. — (a) All bills reported 
unfavorably by the committee to which they were referred, and having no minority 
report, shall lie upon the table, but may be taken from the table, and placed upon the 
calendar by a two-thirds vote of the membership of the Senate present and voting. 

(b) When a bill is reported by a committee with an unfavorable report, but 
accompanied by a minority report, signed by at least three members of the committee 
who were present and who voted on the bill when the bill was considered in committee, 
then the minority report shall be placed on the calendar and considered the following 
day, and the question before the Senate shall be "The adoption of the Minority Report. " 
If the minority report is adopted by a majority vote, the bill shall be placed upon the 
calendar; if the minority report is not adopted, the bill shall lie upon the table. 

RULE 47. Recall of bill from committee. — (a) When a bill has been 
introduced and referred to a committee, if after 10 days the committee has failed to report 
thereon, then the introducer of the bill may, after three days' public notice given in the 
Senate and delivered in writing to the chairman of the committee, on motion supported 
by a vote of two-thirds of the membership of the Senate present and voting, recall the bill 
from the committee to the floor of the Senate for consideration and such action thereon 
as a majority of the Senators present may direct. This rule shall not be temporarily 
suspended except upon one day's notice on the motion given in the Senate and delivered 
in writing to the chairman of the committee and to sustain that motion two-thirds of the 
membership of the Senate present and voting shall be required. 

(b) Notwithstanding anything to the contrary, the chairman of a committee to which a 
bill or other matter is assigned may, with the consent of two-thirds of the membership of 
the Senate present and voting, recall the measure to be referred to another committee. 

RULE 48. Calendar; order to be followed.— The Presiding Officer and the 
Principal Clerk of the Senate shall see that all bills are acted upon by the Senate in the 
order in which they stand upon the calendar, unless otherwise ordered as hereinafter 
provided. The published calendar shall include all bills reported favorably from 
committees, or reported with a minority report attached, or placed on the calendar on 
motion: Provided, that the published local calendar may carry the number of each bill, 
the county or counties referred to, and an abbreviated statement of the title of the bill. 

RULE 49. (Reserved) 

RULE 50. Third reading requirements.— No bill on its third reading shall 
be acted upon out of the regular order in which it stands on the calendar, and no bill shall 



April 19, 1993 



304 SENATE JOURNAL [Session 

be acted upon on its third reading the same day on which it passed its second reading, 
unless so ordered by two-thirds of the membership of the Senate present and voting. 

RULE 51. Special orders. — Any bill or other matter in consideration before 
the Senate may be made a special order for a subsequent day or hour by a vote of the 
majority of the Senators voting, and if action on the bill is not completed on that day, it 
shall be returned to its place on the calendar, unless it is made a special order for another 
day; and when a special order is under consideration it shall take precedence over any 
special order or subsequent order for the day, but such subsequent order may be taken up 
immediately after the previous special order has been disposed of. 

RULE 52. Procedure when necessary number of Senators not 

present. — If, on taking the question on a bill, it appears that a constitutional quorum is 
not present, or if the bill requires a vote of a certain proportion of all the Senators to pass 
it, and it appears that such number is not present, the bill shall be again read and the 
question taken thereon; if the bill fails a second time for the want of the necessary 
number being present and voting, the bill shall not be finally lost, but shall be returned to 
the calendar in its proper order. 

RULE 53. Effect of defeated bill. — (a) After a bill has been tabled, or has 
failed to pass on any of its readings, the contents of such bill or the principal provisions of 
its subject matter shall not be embodied in any other measure. Upon the point of order 
being raised and sustained by the Presiding Officer, such measure shall be laid upon the 
table, and shall not be taken therefrom except by a vote of two-thirds of the membership 
of the Senate present and voting: Provided, no local bill shall be held by the Presiding 
Officer as embodying the provisions, or being identical with any statewide measure 
which has been laid upon the table or failed to pass any of its readings. 

(b) When a bill has been postponed indefinitely by the Senate, the bill shall lie upon 
the table, and shall not be taken therefrom except by a vote of two-thirds of the 
membership of the Senate present and voting. 

RULE 54. Taking bill from table. — No bill which has been laid upon the 
table shall be taken therefrom except by a vote of two-thirds of the membership of the 
Senate present and voting. 

RULE 54. 1 . Bill title.— The title of each bill shall adequately and fairly reflect 
its subject matter. 

RULE 55. Amending titles of bills. — When a bill is materially modified or 
the scope of its application extended or decreased, or if the county, or counties, to which 
it applies is changed, the title of the bill shall be changed by the Senator introducing the 
bill or by the committee having it in charge, or by the Principal Clerk, so as to indicate the 
full purport of the bill as amended and the county or counties to which it applies. 

RULE 56. Corrections of typographical errors in bills. — The Enrolling 
Clerk is authorized to make corrections of typographical errors in the text of bills at any 
time prior to ratification. Before the correction is made, the Enrolling Clerk shall have 
the approval of the Chairman of the Committee on Rules and Operation of the Senate or, 
in his absence, the Vice-Chairman of said Committee. 

RULE 56.1. Amendments and committee substitutes adopted by the 
House to bills originating in the Senate. — (a) Whenever the House has adopted 
an amendment or a committee substitute for a bill originating in the Senate, and has 
returned the bill to the Senate for concurrence in that amendment or committee 
substitute, the Senate may not concur in that amendment or committee substitute until 
the next legislative day following the day on which the Senate receives that measure, 
(b) The Principal Clerk under the supervision of the Chairman of the Rules and 
Operation Committee of the Senate may, and upon motion supported by a majority of the 



April 19, 1993 



1993] SENATE JOURNAL 305 

Senate present and voting, shall refer the bill to an appropriate committee for 
consideration of the amendment or committee substitute. 

(c) The Presiding Officer shall, in placing the bill on the calendar, rule whether the 
amendment or committee substitute is a material amendment under Article II, Section 
23, of the State's Constitution. If the measure is referred to committee, the committee 
shall: 

i. Report the bill with the recommendation either that the Senate concur or 

that the Senate do not concur; and 
ii. Advise the Presiding Officer as to whether or not the amendment or 

committee substitute is a material amendment under Article II, Section 23, 

of the State's Constitution. 

(d) If the amendment or committee substitute for a bill is not a material amendment, 
the question before the Senate shall be concurrence. In the event there is more than one 
House Amendment, the question shall be concurrence in all the House amendments and 
the question may not be divided, notwithstanding Rule 28. The question which shall be 
put before the Senate by the Presiding Officer shall be: "Does the Senate concur in the 
House amendments (Committee Substitute) to S.B. ?." 

(e) If the amendment or committee substitute for a bill is a material amendment, the 
receiving of that bill on messages shall constitute first reading and the question before the 
Senate shall be concurrence on second reading. If the motion is passed, the question 
then shall be concurrence on third reading on the next legislative day. 

(f) No committee substitute adopted by the House to a bill originating in the Senate 
may be amended by the Senate. 

RULE 57. Conference committee. — Whenever the Senate fails to concur in 
amendments or committee substitutes put by the House to a bill originating in the Senate, 
or whenever the House of Representatives fails to concur in amendments or committee 
substitutes put by the Senate to a bill originating in the House, a conference committee 
shall be appointed by the President Pro Tempore of the Senate or in his absence the 
Deputy President Pro Tempore, upon motion, and the bill under consideration shall 
thereupon go to and be considered by the joint conferees on the part of the Senate and 
House of Representatives. Senate conferees shall not be less than three nor more than 
twelve and shall include the primary sponsor and the chairman of each committee which 
considered the bill. In considering matters in difference between the Senate and House 
committed to the conferees, only such matters as are in difference between the two 
houses shall be considered by the conferees, and the conference report shall deal only 
with such matters. In conference committee a majority of the Senate conferees shall be 
the Senate's position on any matter in which a vote is taken. The conference report shall 
not be amended. 

RULE 57.1. Germaneness of amendment. — All amendments and 
committee substitutes shall be germane to the original subject matter of the bill. 

RULE 58. Certification of passage of bills.— The Principal Clerk shall 
certify the passage of bills by the Senate, with the date thereof, together with the fact 
whether passed by vote of three-fifths or two-thirds of the membership of the Senate 
present and voting, whenever such vote may be required by the Constitution or laws of the 
State. 

RULE 59. Transmittal of bills to House.— No bill shall be sent from the 
Senate on the day of its passage except on the last day of the session, unless otherwise 
ordered by a vote of two-thirds of the membership of the Senate present and voting. 

RULE 59.1. Engrossment. — Bills and resolutions, except those making 
appropriations, which originate in the Senate and which are amended shall be engrossed 
before being sent to the House. 



April 19, 1993 



306 SENATE JOURNAL [Session 

VII. Legislative Officers and Employees 

RULE 60. Pages. — (a) The President Pro Tempore of the Senate shall appoint 

pages. The President Pro Tempore, or such person as he may designate, shall supervise 

the pages and assign to them their duties. Each page shall be at least 14 years of age. 

(b) Members may designate Honorary Pages by a statement delivered to the Principal 

Clerk who will have a certificate issued therefor. 

RULE 61. Sergeants-at-Arms. — (a) There shall be 15 positions of 
Assistant Sergeants-at-Arms to be appointed, upon the recommendation of the 
President Pro Tempore, by the Sergeant-at-Arms who are to work under his or her 
supervision and to be assigned such duties and powers as he or she shall direct. 

(b) The Sergeant-at-Arms shall be responsible for the safety of the members and 
employees of the Senate while in the Senate Chamber, or any place in which the Senate 
or its committees are in session. 

(c) The Sergeant-at-Arms shall serve all warrants and subpoenas issued by orders of 
the Senate and signed by the Presiding Officer of the Senate, and said warrants and 
subpoenas shall be returnable to the Principal Clerk of the Senate. 

RULE 62. Principal Clerk's staff .—The Principal Clerk of the Senate shall 
employ all necessary employees and clerks required to carry out the duties of his or her 
office. The Principal Clerk shall have supervision and control, and shall assign such 
duties and powers as he or she shall direct to his or her employees and clerks. 

RULE 63. Committee clerks and secretaries. — (a) Each committee shall 
have a clerk. The clerk to a committee shall serve as secretary to the chairman of that 
committee. 

(b) Each member shall be assigned a secretary, unless he or she has a committee clerk 
to serve as his or her secretary. 

(c) The selection of said clerk and/or secretary shall be the prerogative of the 
individual member. Such clerks and secretaries shall file initial applications for 
employment with the Supervisor of Clerks and shall receive compensation as prescribed 
by the Legislative Services Commission. The employment period of clerks and 
secretaries shall comply with the period as established by the Legislative Services 
Commission unless employment for an extended period is approved by the President Pro 
Tempore. The clerks and secretaries shall adhere to such uniform regulations and other 
conditions of employment (including retention) under the direction of the Supervisor of 
Clerks as the Committee on Rules and Operation of the Senate shall adopt. 

(d) The Supervisor of Clerks and any assistants shall be appointed by the President 
Pro Tempore of the Senate. 

RULE 64. Senate Journal. — The Principal Clerk shall prepare and be 
responsible for the Journal. The President Pro Tempore or, in his absence, the Deputy 
President Pro Tempore shall examine the Journal to determine if the proceedings of the 
previous day have been correctly recorded. 

RULE 65. Deputy President Pro Tempore. — The Senate shall elect a 
Deputy President Pro Tempore. The Deputy President Pro Tempore shall become the 
President Pro Tempore upon the death, resignation or removal from office of the 
President Pro Tempore. 



VIII. General Rules 

RULE 66. President to sign papers. — All acts, addresses and resolutions, 
and all warrants and subpoenas issued by order of the Senate shall be signed by the 
President or by the President Pro Tempore presiding in his absence. 



April 19, 1993 



1993] SENATE JOURNAL 307 

RULE 67. Admission to the floor of the Senate.— No person except 
members of the Senate, members of the House of Representatives, staff of the General 
Assembly; staff of the Lieutenant Governor; Judges of the Supreme Court, Court of 
Appeals, and Superior Courts; the Governor and members of the Council of State; 
former members of the General Assembly; and persons particularly invited and extended 
the privileges of the floor by the Presiding Officer shall be admitted to the floor of the 
Senate during its session. Notwithstanding any other provision of these rules, no 
registered lobbyist shall be admitted to the floor of the Senate or Senate Chamber while 
the Senate is in session. When the Senate is not in daily session, the President Pro 
Tempore shall determine the privileges of the floor. 

RULE 67.1. Recognition for extending courtesies. — (a) Courtesies of 
the floor and galleries shall be extended only by the Presiding Officer on his own motion 
or upon the written request of a member of the Senate to former members of the General 
Assembly or to distinguished visitors. 

(b) The Presiding Officer, upon written request at intervals between various orders of 
business, may extend courtesies to schools or other special large groups visiting in the 
galleries while they are present, and the Presiding Officer shall, at such times as he 
deems appropriate, express to those visitors in the galleries the pleasure of the Senate for 
their presence. 

RULE 68. Privileges of the floor. — Any group or individual other than 
members of the Senate who desires to make remarks upon the floor of the Senate will first 
obtain approval of the President Pro Tempore or, in his absence, the Deputy President 
Pro Tempore of the Senate. 

RULE 69. News media. — The President is authorized to assign area and 
equipment on the floor of the Senate for the use of the representatives of news media ; and 
the President shall provide regulations for the operation of the representatives of the news 
media on the floor of the Senate. 

RULE 70. Absence without leave.— No Senator or officer of the Senate 
shall depart the service of the Senate without leave, or receive pay as a Senator or officer 
for the time he is absent without leave. 

RULE 71. Placing material on Senators' desks. — Any person other than 
a member of the Senate desiring to place articles of any kind on or about desks in the 
Senate Chamber or in the offices of the members of the Senate shall make written 
application to, and obtain written approval from the Principal Clerk. 

RULE 72. Assignment of seats; offices. — (a) The President Pro Tempo re 
of the Senate shall assign seats in the Senate Chamber to the members elected. In 
making such assignments, each member elected to the immediate preceding session of 
the Senate shall be entitled to the seat occupied by him or to his selection of any other seat 
vacated. The President Pro Tempore, when assigning seats, shall give preferential 
consideration to the respective members according to the length of service which each 
member has rendered in the Senate. No incumbent appointed to fill an unexpired term in 
the immediate preceding session shall retain the seat if requested by a Senator elected to 
said session. 

(b) Not later than two weeks after the initial committee assignments become final, the 
President Pro Tempore of the Senate is authorized to make assignments of committee 
rooms and offices to designated committees, chairmen, and members of the Senate. In 
making such assignments of individual offices, the President Pro Tempore may give pref- 
erential consideration to the respective members according to the length of service which 
each member has rendered in the Senate. 

RULE 73. Administrative rules and regulations involving Senate 
employees. — All administrative rules, regulations and orders involving all individuals 
employed to perform duties for the Senate, other than those appointed by the Principal 
Clerk and the Sergeant-at-Arms, shall be first approved by the Committee on Rules and 
Operation of the Senate. 



April 19, 1993 



308 SENATE JOURNAL [Session 

RULE 74. Public hearings. — Any Senator may request in writing a public 
hearing on a public bill. Requests may be granted in the discretion of the Chairman. 
Notice shall be given not less than five calendar days prior to public hearings. Such 
notices shall be issued as information for the press and the information shall be posted in 
the places designated by the Principal Clerk. 

RULE 75. Public hearings, filing of written statements.— Persons 

desiring to appear and be heard at a public hearing are encouraged to file with the chair- 
man of the committee a brief or a written statement of the remarks to be made at least 24 
hours before the time of the hearing. 

RULE 76. Voting in joint sessions. — When any Senate Committee sits 
jointly with the House Committee, the Senate Committee reserves the right to vote 
separately from the House Committee. 

RULE 77. Alterations, suspension or rescission of rules. — (a) These 
rules may not be permanently rescinded or altered except by Senate simple resolution 
passed by a two-thirds vote of the membership of the Senate. The introducer of the 
resolution must, on the floor of the Senate, give notice of his intent to introduce the 
resolution on the legislative day preceding its introduction. 

(b) Except as otherwise provided herein, the Senate, upon two-thirds vote of the 
membership of the Senate present and voting, may temporarily suspend any of these 
rules. 

Sec. 2. This resolution is effective upon adoption. 

S.B. 442, a bill to approve an annexation agreement between Davidson County, the 
City of High Point, and the City of Thomas ville, as to territory in Davidson County, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Cochrane, Codington, Conder, Cooper, Daniel, Edwards, 
Folger, Forrester, Gulley, Gunter, Harris, Hoyle, Hunt, Hyde, Jordan, Kerr, Kincaid, 
Lee, Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, Perdue, Plexico, 
Plyler, Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Tally, Walker, Ward, Warren, Winner of Buncombe, and Winner of 
Mecklenburg — 47 . 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 690, a bill amending the Charter of Durham to authorize the making of 
emergency repairs in housing code cases, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Cochrane, Codington, Conder, Cooper, Daniel, Edwards, 
Folger, Forrester, Gulley, Gunter, Harris, Hoyle, Hunt, Hyde, Jordan, Kerr, Kincaid, 
Lee, Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, Perdue, Plexico, 
Plyler, Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Tally, Walker, Ward, Warren, Winner of Buncombe, and Winner of 
Mecklenburg — 47 . 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

H.B. 204 (Committee Substitute), a bill to exchange tracts of land between the 
corporate limits of the Towns of Cary and Morrisville, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 47, 
noes 0, as follows: 



April 19, 1993 



1993] SENATE JOURNAL 309 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Cochrane, Codington, Conder, Cooper, Daniel, Edwards, 
Folger, Forrester, Gulley, Gunter, Harris, Hoyle, Hunt, Hyde, Jordan, Kerr, Kincaid, 
Lee, Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, Perdue, Plexico, 
Plyler, Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Tally, Walker, Ward, Warren, Winner of Buncombe, and Winner of 
Mecklenburg — 47 . 

Voting in the negative: None. 

The Committee Substitute bill is ordered enrolled. 

H. B. 208, a bill to restore the original corporate limits of the Town of Polkville, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Cochrane, Codington, Conder, Cooper, Daniel, Edwards, 
Folger, Forrester, Gulley, Gunter, Harris, Hoyle, Hunt, Hyde, Jordan, Kerr, Kincaid, 
Lee, Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, Perdue, Plexico, 
Plyler, Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Tally, Walker, Ward, Warren, Winner of Buncombe, and Winner of 
Mecklenburg — 47 . 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. 649, a bill to update a local act which allows the City of Raleigh to have a 
subcommittee issue certificates of appropriateness. 

Without objection, on motion of Senator Gunter, the bill is temporarily displaced. 

S.B. 708 (Committee Substitute), a bill to allow Harnett, Lee, Nash and Polk Coun- 
ties and the Cities of Angier, Broadway, Coats, Dunn, Erwin, Lillington, Monroe, 
Rocky Mount and Sanford to take into consideration prospective revenues generated by a 
development in arriving at the amount of consideration for an economic development 
conveyance. 

Senator Marshall offers Amendment No. 1 which is adopted (42-1), changing the 
title, pursuant to Rule 55, to read S.B. 708 (Committee Substitute), a bill to allow 
Harnett, Johnston, Lee, Nash, Polk and Sampson Counties and the Cities of Angier, 
Broadway, Clinton, Coats, Dunn, Erwin, Lillington, Monroe, Rocky Mount and 
Sanford to take into consideration prospective revenues generated by a development in 
arriving at the amount of consideration for an economic development conveyance. 

The Committee Substitute bill, as amended, passes its second reading (45-0). 

Senator Winner of Buncombe objects to the third reading of the measure. The Chair 
orders the measure placed on the Calendar for tomorrow, Tuesday, April 20, for further 
consideration, upon third reading. 

S.B. 161 (Committee Substitute) , a bill to allow all trailers to obtain multiyear license 
plates, to redefine a "horseless carriage" as a vehicle that is a model year 1943 or older, 
to authorize the Division of Motor Vehicles to issue specialized registration plates bearing 
the emblem of a civic club, to authorize the Division of Motor Vehicles to issue 
specialized registration plates depicting various State attractions in North Carolina and 
to provide for the disposition of income from these plates, to authorize the Division of 
Motor Vehicles to issue specialized registration plates bearing the emblem of the Special 
Olympics and to provide for the disposition of income from these plates, and to make 
technical and administrative changes to the laws concerning special license plates, as 
amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading by roll-call vote, 
ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Cochrane, Codington, Conder, Cooper, Daniel, Edwards, 



April 19, 1993 



310 SENATE JOURNAL [Session 

Folger, Forrester, Gulley, Gunter, Hoyle, Hunt, Hyde, Johnson, Jordan, Kaplan, Kerr, 
Kincaid, Lee, Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, Perdue, 
Plexico, Plyler, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, Speed, Tally, 
Walker, Ward, Warren, Winner of Buncombe, and Winner of Mecklenburg — 47. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered engrossed and sent to the 
House of Representatives. 

S.B. 162 (Committee Substitute No. 2), a bill to modify the requirements for 
licensure as a motor vehicle wholesaler or dealer, to limit the number of motor vehicle 
dealer license plates that can be issued to the same dealer, to modify the sanctions for 
misuse of a dealer license plate, to expand the use of transporter plates, and to change 
the fees for dealer plates and transporter plates, upon third reading. 

The Committee Substitute bill No. 2 passes its third reading by roll-call vote, ayes 48, 
noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, 
Blackmon, Carpenter, Cochrane, Codington, Conder, Cooper, Daniel, Edwards, 
Folger, Forrester, Gulley, Gunter, Hoyle, Hunt, Hyde, Johnson, Jordan, Kaplan, Kerr, 
Kincaid, Lee, Marshall, Martin of Pitt, Martin of Guilford, Odom, Parnell, Perdue, 
Plexico, Plyler, Richardson, Sands, Seymour, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Tally, Walker, Ward, Warren, Winner of Buncombe, and 
Winner of Mecklenburg — 48. 

Voting in the negative: None. 

The Committee Substitute bill No. 2 is ordered sent to the House of Representatives. 

S.B. 481 , a bill to allow investments in obligations issued, assumed, or guaranteed by 
the International Finance Corporation Investments. 

On motion of Senator Warren, Committee Amendment No. 1 is adopted, changing 
the title to read S.B. 481, a bill to allow investments in obligations issued, assumed, or 
guaranteed by the International Finance Corporation. 

The bill, as amended, passes its second reading (47-1). 

Senator Odom objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for tomorrow, Tuesday, April 20, for further 
consideration, upon third reading. 

INTRODUCTION OF BILLS (Continued) 

Senator Basnight offers a motion the Senate adjourn and pursuant to the motion 
prevailing earlier tonight, the remaining bills filed for introduction are presented to the 
Senate, read the first time, and disposed of, as follows: 

By Senator Carpenter: 

S.B. 887, a bill concerning the Town of Santeetlah's water supply. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Tally, Edwards, Forrester, Gunter, Lee, Marshall, Martin of Pitt, 
Perdue, Sherron, and Warren: 

S.B. 888, a bill to provide for the State of North Carolina to construct, maintain, and 
operate a State Veterans Home and to assign the Division of Veterans Affairs to 
coordinate construction and administration of the State Veterans Home Program. 

Referred to Children and Human Resources Committee and upon a favorable 
report, re-referred to the Capital Expenditures and Improvements Committee 
and upon a favorable report, re-referred to the Appropriations Committee. 

By Senator Johnson: 

S.B. 889, a bill to provide for mandatory continuing education for North Carolina's 
dentists and dental hygienists. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Finance Committee. 



April 19, 1993 



1993] SENATE JOURNAL 311 

By Senator Harris: 

S.B. 890, a bill to establish the North Carolina Substance Abuse Professionals 
Certification Act. 

Senator Sands rises to a point of order as to the measure requiring an assessment 
report, pursuant to G.S. 120-149. 

The Chair sustains the point of order and orders the bill held in the Office of the 
Principal Clerk for the assessment report from the Legislative Committee on New 
Licensing Boards. 

By Senators Cooper, Albertson, Conder, Edwards, Hoyle, Lee, Martin of Pitt, 
Martin of Guilford, Plyler, Sands, Sherron, Smith, and Walker: 

S.B. 891, a bill to make it a Class I felony to possess or carry a firearm on school 
property or to allow a minor to possess or carry a weapon on school property. 

Referred to Education/Higher Education Committee. 

By Senators Cooper, Albertson, Conder, Edwards, Gunter, Hoyle, Lee, Martin of 
Guilford, Plyler, Smith, and Walker: 

S.B. 892, a bill to require that a delinquent juvenile on probation and required to 
attend school as a condition of probation be required to maintain a passing grade. 

Referred to Education/Higher Education Committee. 

By Senators Cooper, Albertson, Conder, Edwards, Hoyle, Lee, Martin of Pitt, 
Martin of Guilford, Plyler, Sands, Smith, and Walker: 

S.B. 893, a bill to require juvenile court counselors to notify school officials when a 
juvenile adjudicated delinquent for a violent offense is ordered to attend school as a 
condition of probation. 

Referred to Education/Higher Education Committee. 

By Senator Hartsell: 

S.B. 894, a bill to clarify the authority of water and sewer authorities to assess 
penalties for violations of water and sewer use ordinances. 
Referred to Judiciary II Committee. 

By Senator Hartsell: 

S.B. 895, a bill to change Prosecutorial District 19A and to create Prosecutorial 
District 19C, to conform to the comparable District Court and Superior Court Districts 
19A, 19B, and 19C. 

Referred to Appropriations Committee. 

By Senators Odom, Marshall, Ballance, and Folger: 

S.B. 896, a bill to authorize the Judicial Department to transfer funds from the Special 
Capital Case Rehearing Fund to the Indigent Persons' Attorney Fee Fund. 
Referred to Appropriations Committee. 

By Senators Odom, Winner of Mecklenburg, and Blackmon: 

S.B. 897, a bill to exempt Mecklenburg County from provisions of the North Carolina 
Building Code that require building inspection departments to review residential plans. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Odom, Richardson, Winner of Mecklenburg, and Blackmon: 
S.B. 898, a bill to provide that an owner of an on-site land clearing and inert debris 
landfill does not have to obtain a state permit and to regulate such landfills. 
Referred to Environment and Natural Resources Committee. 



By Senator Odom: 

S.B. 899, a bill to enact a new Article 2 A of the Uniform Commercial Code. 

Referred to Judiciary II Committee. 



April 19, 1993 



312 SENATE JOURNAL [Session 

By Senators Odom, Perdue, Allran, Codington, Kerr, Gunter, Carpenter, Hoyle, 
Speed, Smith, Parnell, and Lee: 

S.B. 900, a bill to establish the Certified Interior Designers Title Registration Act. 

Senator Sands rises to a point of order as to the measure requiring an assessment 
report, pursuant to G.S. 120-149. 

The Chair sustains the point of order and orders the bill held in the Office of the 
Principal Clerk for the assessment report from the Legislative Committee on New 
Licensing Boards. 

By Senator Gulley: 

S.B. 901, a bill to prohibit bicyclists and others from clinging to other vehicles while 
on a roadway. 

Referred to Judiciary I Committee. 

By Senator Gulley: 

S.B. 902, a bill to clarify the laws concerning bicycle hand signals. 

Referred to Transportation Committee. 

By Senators Lee and Walker: 

S.B. 903, a bill to provide that the Town of Pittsboro may levy a privilege license tax of 
up to twenty-five dollars for one-day peddling. 
Referred to Finance Committee. 

By Senators Smith, Allran, Carpenter, Cochrane, Edwards, Forrester, Hoyle, Hunt, 
Kincaid, Marshall, Martin of Pitt, Plyler, Seymour, Sherron, Speed, Tally, Ward, and 
Warren: 

S.B. 904, a bill to change the law regarding State aid to private colleges. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Sands: 

S.B. 905, a bill to establish a limitation for civil actions based on personal injury or 
illness caused by childhood sexual abuse. 
Referred to Judiciary I Committee. 

By Senators Daniel, Basnight, Warren, Plyler, Perdue, Hunt, Kaplan, Cochrane, 
Hoyle, Harris, Parnell, Sherron, Smith, Ward, Martin of Pitt, Blackmon, Speed, 
Hartsell, Albertson, Allran, Lee, Carpenter, Forrester, Conder, Edwards, Kerr, 
Kincaid, Soles, and Codington: 

S.B. 906, a bill to make various substantive amendments to the Workers' 
Compensation Act and to provide for the termination of a worker's compensation insur- 
ance policy when the employer fails to fully disclose certain information. 

Referred to Manufacturing and Labor Committee. 

By Senator Daniel: 

S.B. 907, a bill to repeal the law that requires a permit to operate a community water 
system and imposes a fee for the permit. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senator Daniel: 

S.B. 908, a bill to change some procedures with regard to surety bonds. 

Referred to Judiciary I Committee. 

By Senators Martin of Guilford and Seymour: 

S.B. 909, a bill to clarify that the plan for election of the Guilford County Board of 
Commissioners enacted by the 1991 General Assembly is the only lawful plan. 
Referred to Constitution and Election Laws Committee. 



April 19, 1993 



1993] SENATE JOURNAL 313 

By Senators Gunter, Forrester, and Codington: 

S.B. 910, a bill to require that prescription drug labels contain the expiration or 
disposal date of the medication. 

Referred to Children and Human Resources Committee. 

By Senators Marshall, Ballance, and Carpenter: 

S.B. 911, a bill to establish uniformity in the regulation of roadside hunting. 
Referred to Agriculture, Marine Resources, and Wildlife Committee and 
upon a favorable report, re-referred to the Judiciary I Committee. 

By Senators Sherron, Codington, Blackmon, Albertson, and Carpenter: 

S. B. 912, a bill to allow real estate brokers to contract with real estate salespersons for 

the broker whereby the salesperson agrees to reimburse the broker for the cost of 

workers' compensation insurance. 

Referred to Manufacturing and Labor Committee. 

By Senators Sherron, Codington, Blackmon, Folger, Albertson, and Carpenter: 
S.B. 913, a bill to require annual continuing education for real estate brokers and 

salesmen. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 

Finance Committee. 

By Senators Sherron, Codington, Blackmon, Carpenter, Albertson, Marshall, and 
Folger: 

S.B. 914, a bill to provide that any provision in a contract to improve real property 
that provides that the contract is subject to the laws of another State or subject to 
litigation and arbitration in another State is void as against public policy. 

Referred to Judiciary II Committee. 

By Senators Ballance, Sands, Odom, Albertson, Tally, Edwards, Hartsell, 
Carpenter, Blackmon, Shaw, and Warren: 

S.B. 915, a bill to provide a balanced State correctional system that will both protect 
the public and provide more effective and equitable correctional programming for all 
sentenced offenders. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Odom and Blackmon: 

S.B. 916, a bill to establish a State policy of encouraging businesses in the State to 
provide employment to former prison inmates and to direct the Department of 
Administration to give preference whenever practicable to businesses providing 
employment to former prison inmates. 

Referred to Judiciary I Committee. 

By Senator Odom: 

S.B. 917, a bill to prescribe the method for establishing toll roads in North Carolina. 

Referred to Transportation Committee and upon a favorable report, re-referred 
to the Finance Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Pursuant to the motion prevailing earlier tonight, messages are received from the 
House of Representatives transmitting the following bills which are read the first time and 
disposed of, as follows: 



April 19, 1993 



314 SENATE JOURNAL [Session 

H. B. 141 , a bill to authorize access to information relevant to noncriminal violations 
of the law from the Police Information Network. 
Referred to Judiciary I Committee. 

H.B. 400, a bill to make the calculation for schools of fund balance available for 
appropriation the same as the calculation for other local governments. 
Referred to Appropriations Committee. 

H.B. 490 (Committee Substitute), a bill to change the name of the State Indian 
Housing Authority to the Indian Housing Authority. 

Referred to State Personnel and State Government Committee. 

H.B. 506, a bill to provide for the transfer of registered voters, who reside in Orange 
County and within the city limits of the City of Durham, from the Durham County Board 
of Elections to the Orange County Board of Elections. 

Referred to Constitution and Election Laws Committee. 

H.B. 507, a bill amending the Charter of the City of Durham to authorize the City 
Council to require owners of rental property within the City to authorize an agent to 
accept service of process. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 553, a bill to amend the Charter of the City of Gastonia to provide for two-year 
terms for Council members and to provide that the Mayor, Council, and Council 
members may only direct the activities of City employees through the City Manager. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 575, a bill to allow the Gastonia City Council to delegate certain rezoning 
authority to the Gastonia Planning Commission. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 581, a bill to make differentiated pay available for all State-paid public school 
employees. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

H.B. 613 (Committee Substitute), a bill to allow health care facilities to furnish 
public health authorities with patient records under certain circumstances. 
Referred to Judiciary II Committee. 

H.B. 678, a bill to amend the Charter of the Town of Wake Forest. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 731, a bill to repeal an act to prevent the operation of loudspeakers, amplifying 
systems, and public address systems in Cabarrus County. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 799, a bill to exempt Burke County and the municipalities therein from certain 
zoning notice requirements. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 828, a bill to repeal obsolete provisions of the Charter of the City of Asheville. 
Referred to Local Government and Regional Affairs Committee. 



April 19, 1993 



1993] SENATE JOURNAL 315 

EXECUTIVE ORDER 

An Executive Order received (see Appendix) is presented to the Senate, read, and 
referred to committee, as follows: 

Executive Order Number 7, Abolishing the North Carolina Drug Cabinet. 
Referred to State Personnel and State Government Committee. 

REPORT TO GENERAL ASSEMBLY 

A Commission directed to report to the General Assembly submits a report 
(see Addendum) which is ordered placed on file in the Legislative Library, as follows: 

Pursuant to Section 2 of Chapter 1010 of the 1991 Session Laws (Second Session, 
1992), the General Statutes Commission submits its Interim Report of Statutory Lien 
Right of Contractors and Subcontractors and Payment and Performance Bonds. 

The President recognizes the following pages serving in the Senate this week: Jennifer 
Berger, Franklin; Amy Catherine Bullock, Raleigh; John David Bullock, Jr., Raleigh; 
Anna Katherine Curry, Monroe; Bryan Andrew Denton, Gastonia; Susan Elizabeth 
Hamilton, Belmont; Stephanie Ann Harrington, Rowland; David Hood III, Charlotte, 
Kristin Keck, Burlington; Alissa Marie Lee, Rockingham; Amanda Peck, Morganton; 
Brenna Perry, Hobbsville; Brantly Sawyer, Elizabeth City; Amy Sies, Burlington; Holly 
Jane Smith, Cary; Brant Earl Spesshardt, Raleigh; Stephen Kenneth Whitfield, Jr., 
Burlington; Hannah Burrus Williams, Avon; Jennifer Woodson, Burlington; John 
Eston Worsham, Raleigh; and Tommie Renae Wright, Burlington. 

With unfinished business remaining on the Calendar, on motion of Senator Basnight, 
seconded by Senator Albertson, the Senate adjourns at 8:28 P.M. to meet tomorrow, 
Tuesday, April 20, at 1:30 P.M. 



FORTY-NINTH DAY 

Senate Chamber, 
Tuesday, April 20, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, with a quote from 
Oliver Goldsmith, as follows: 

"Dear Lord, forgive us when we are perfectionists to a fault, those times when we must 
either have it our way or no way at all. 

"We are much better at finding the splinter in another's eye than noticing the beam in 
our own eye. 

"In the important legislation before the Senate today and in the coming days, remind 
us that 'there are some faults so nearly allied to excellence, that we can scarce weed out 
the fault without eradicating the virtue.' Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, April 19, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 



April 20, 1993 



316 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the Office of the Secretary of State: 

S.B. 447, an act to provide for the transfer of funds from the City of Mount Airy's 
retirement plan to the Local Governmental Employees' Retirement System. (Ch. 26) 

H.B. 204 (Committee Substitute), an act to exchange tracts of land between the 
corporate limits of the Towns of Cary and Morrisville. (Ch. 27) 

H.B. 208, an act to restore the original corporate limits of the Town of Polkville. 
(Ch. 28) 

INTRODUCTION OF BILLS 

Bills previously filed for introduction and ordered held as filed in the Office of the 
Principal Clerk for receipt of an assessment report from the Legislative Committee on 
New Licensing Boards, pursuant to G.S. 120-149, are disposed of as follows: 

S.B. 617, a bill to regulate the practice of home inspections, ordered held as filed in 
the Office of the Principal Clerk on March 29. 

Senator Seymour submits an assessment report. 

Senator Seymour offers motions to the end that the bill be withdrawn from the Office of 
the Principal Clerk, presented to the Senate, read the first time, and referred to 
committee, which motions prevail. 

The bill is presented to the Senate, read the first time and referred to the Insurance 
Committee and upon a favorable report, re-referred to the Finance Committee and 
upon a favorable report, re-referred to the Appropriations Committee. 

S.B. 478, a bill to require licensure of marriage and family therapists, ordered held as 
filed in the Office of the Principal Clerk on March 1 1 . 

Senator Sands announces the receipt of an assessment report and offers motions to the 
end that the bill be withdrawn from the Office of the Principal Clerk, presented to the 
Senate, read the first time and referred to the Children and Human Resources 
Committee and upon a favorable report, re-referred to the Finance Committee, 
which motions prevail. 

The bill is presented to the Senate, read the first time, and referred to the Children 
and Human Resources Committee and upon a favorable report, re-referred to the 
Finance Committee, 

S.B. 583, a bill to assure standard infection control procedures regarding the 
infectious diseases that can be transmitted through the fabrication of dental prosthetic 
appliances by requiring the licensure of commercial dental laboratories and the 
registration of dental laboratory technicians, ordered held as filed in the Office of the 
Principal Clerk on March 25. 

Senator Sands announces receipt of an assessment report and offers motions to the end 
that the bill be withdrawn from the Office of the Principal Clerk, presented to the Senate, 
read the first time and referred to the Judiciary I Committee and upon a favorable 
report, re-referred to the Finance Committee, which motions prevail. 

The bill is presented to the Senate, read the first time, and referred to the Judiciary I 
Committee and upon a favorable report, re-referred to the Finance Committee. 



April 20, 1993 



1993] SENATE JOURNAL 317 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Edwards for the Economic Development/Travel and Tourism 
Committee: 

S.B. 797, a bill to modify the hours of sales of alcoholic beverages in Mecklenburg 
County, with a favorable report. 

H.B. 516, a bill to allow Alleghany County to take into consideration prospective 
revenues generated by the development in arriving at the amount of consideration for an 
economic development conveyance, with a favorable report. 

By Senator Ballance for the Judiciary I Committee: 

S.B. 652, a bill to place the Civil Air Patrol under the State Tort Claims Act for 
corporate and State requested and approved missions, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Ballance, the rules are suspended, and the proposed Committee 
Substitute bill 4596, which changes the title to read S.B. 652 (Committee Substitute) , a 
bill to place the Civil Air Patrol under the State Tort Claims Act for State-approved 
missions and to allow cadets of the Civil Air Patrol to be eligible for Workers' Compensa- 
tion while on State-approved missions, is placed before the Senate for immediate 
consideration. 

On motion of Senator Ballance, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, April 21, for further consideration. 

S.B. 725, a bill to modify the percentage of sales that must be attributable to food and 
nonalcoholic beverages by restaurant permittees, with a favorable report. 

S.B. 785, a bill to increase the membership of the North Carolina Sheriffs' Education 
and Training Standards Commission and to establish ten districts for the appointment of 
Commission members, with a favorable report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Appropriations Committee. 



INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Lee: 

S.B. 918, a bill to clarify the North Carolina Trails System Act. 

Referred to Environment and Natural Resources Committee. 

By Senators Edwards, Richardson, Jordan, Parnell, Martin of Pitt, Conder, Lee, 
Warren, Harris, Ballance, Ward, Hyde, Tally, Hunt, Speed, Sherron, Odom, Kaplan, 
Martin of Guilford, Albertson, Soles, Seymour, and Walker: 

S.B. 920, a bill to include expense allowances as compensation under the Legislative 
Retirement System. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 



April 20, 1993 



318 SENATE JOURNAL [Session 

By Senator Gunter: 

S.B. 921, a bill to allow faxing of absentee ballots from military voters and persons 
outside the United States. 

Referred to Constitution and Election Laws Committee. 

By Senator Johnson: 

S.B. 922, a bill to provide for an examination and an examination fee for surety 
bondsmen license applicants. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Tally and Edwards: 

S.B. 923, a bill to authorize Cumberland County to levy a prepared food and beverage 
tax to provide a means for financing all or part of an arena in Cumberland County. 
Referred to Finance Committee. 

By Senator Hyde: 

S.B. 924, a bill to raise the fees charged by registers of deeds for the recording of 
instruments and for the probate of instruments, to provide that registers of deeds shall not 
charge a fee for recording the satisfaction of mortgages and deeds of trust, and to remove 
the requirement that substitutions of trustees be recorded as separate instruments. 

Referred to Finance Committee. 

By Senator Ballance: 

S.B. 925, a bill to limit police pursuits by establishing a prima facie rule of evidence 
concerning the operator of a vehicle speeding in excess of fifteen miles an hour over the 
legal limit to elude arrest, increasing the penalty, and to provide for forfeiture of the 
vehicle. 

Referred to Judiciary I Committee. 

By Senator Ballance: 

S.B. 926, a bill to regulate the disposal of animal waste at intensive hog operations. 

Referred to Agriculture, Marine Resources, and Wildlife Committee and 
upon a favorable report, re-referred to the Environment and Natural Resources 
Committee and upon a favorable report, re-referred to the Finance Committee and 
upon a favorable report, re-referred to the Appropriations Committee. 

By Senator Tally: 

S.B. 927, a bill to appropriate funds to provide staff for the Sedimentation Best 
Management Practices Compliance Program and the Administration of Wetlands 
Silviculture . 

Referred to Appropriations Committee. 

By Senators Tally and Smith: 

S.B. 928, a bill to amend the Leaking Petroleum Underground Storage Tank Cleanup 
Act of 1988. 

Referred to Environment and Natural Resources Committee. 

By Senators Hunt and Gulley: 

S.B. 929, a bill to make changes in State law concerning participation by 
disadvantaged businesses in highway contracts. 

Referred to Capital Expenditures and Improvements Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 



April 20, 1993 



1993] SENATE JOURNAL 319 

By Senator Cooper: 

S.B. 930, a bill to establish when a hospital or health care facility is in compliance 
with rules of the North Carolina Board of Pharmacy regarding counseling patients about 
prescription medications and devices. 

Referred to Judiciary II Committee. 

By Senator Cooper: 

S.B. 931, a bill to amend the Entry of Judgment Rule, Rule 58 of the Rules of Civil 
Procedures. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Odom and Plyler: 

S.B. 932, a bill to remove the sunset on the act permitting the use of demolition 
asphalt as fill. 

Referred to Transportation Committee. 

By Senators Lee, Speed, and Perdue: 

S.B. 933, a bill to allow persons to obtain a permit to carry a concealed weapon after 
meeting certain qualifications, to create certain misdemeanor offenses related to 
concealed weapons permits, and to increase the punishment for the current offense of 
carrying concealed weapons. 

Referred to Judiciary I Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

S.B. 221 (House Committee Substitute), a bill to authorize a judicial official in a 
noncapital case to conduct a pretrial release proceeding, first appearance, or an 
arraignment by a two-way audio and video proceeding, for concurrence in the House 
Committee Substitute bill, which is placed on the Calendar for tomorrow, Wednesday, 
April 21. 

H. B. 450, a bill to rewrite the law regarding the Greensboro Firemen's Supplemental 
Retirement System. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

H.B. 612, a bill to permit area mental health authorities to serve as managed care 
providers . 

Referred to Rules and Operation of the Senate Committee. 

H.B. 618 (Committee Substitute), a bill to remove the expiration date from the law 
allowing the Department of Transportation to use nonlicensed or noncertified appraisers 
in the acquisition of real estate acquired by the Department when the estimated value of 
the real estate is less than ten thousand dollars. 

Referred to Capital Expenditures and Improvements Committee. 

H.B. 759, a bill to prohibit loitering for the purpose of engaging in unlawful 
drug-related activities in Elizabeth City. 
Referred to Judiciary I Committee. 

H.B. 780, a bill to postpone implementation of mail-in voter registration and the 
upgraded motor voter provisions so they will be implemented at the same time as similar 
federal legislation. 

Referred to Constitution and Election Laws Committee. 



April 20, 1993 



320 SENATE JOURNAL [Session 

H.B. 808, a bill to change the procedure for certifying municipal ad valorem tax 
valuations in Wake County to the Wake County Board of Alcoholic Control for the 
purpose of distributing proceeds from the sales of alcoholic beverages. 

Referred to Finance Committee. 



REPORT OF SELECT COMMITTEE 

A select committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Martin of Guilford for the Government Performance Audit Select 
Committee: 

S.B. 298, a bill to implement the recommendations of the Government Performance 
Audit Committee to study the feasibility of streamlining the regional organizational 
structure for public health programs, and to reexamine the organizational placement of 
public health programs in the Department of Environment, Health, and Natural 
Resources, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Martin of Guilford, the proposed Committee Substitute bill 
7659, which changes the title to read S.B. 298 (Committee Substitute), a bill to 
implement the recommendations of the Government Performance Audit Committee to 
study the feasibility of streamlining the regional organizational structure for public health 
programs, to reexamine the organizational placement of public health programs in the 
Department of Environment, Health, and Natural Resources, and to study the feasibility 
of establishing an office for health care within the Governor's Office, is placed before the 
Senate for immediate consideration. 

On motion of Senator Martin of Guilford, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Rules and 
Operation of the Senate Committee. 

S.B. 302, a bill to implement a recommendation of the Government Performance 
Audit Committee by directing the Office of Administrative Hearings to propose a 
schedule of fees to be imposed in contested cases, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Martin of Guilford, the rules are suspended, and the proposed 
Committee Substitute bill 9659, which changes the title to read S.B. 302 (Committee 
Substitute), a bill to implement a recommendation of the Government Performance 
Audit Committee by directing the Office of Administrative Hearings to collect fees in 
contested cases, is placed before the Senate for immediate consideration. 

On motion of Senator Martin of Guilford, the Committee Substitute bill is adopted, 
and on his further motion, is re-referred to the Finance Committee. 



RE-REFERRALS 

S.B. 351, a bill to implement a recommendation of the Government Performance 
Audit Committee — 1, referred to Rules and Operation of the Senate Committee 
on February 24. 

Senator Sands offers a motion that the bill be taken from the Rules and Operation 
of the Senate Committee and re-referred to the Government Performance 
Audit Select Committee, which motion prevails. 

The Chair orders the bill re-referred to the Government Performance Audit 
Select Committee. 



April 20, 1993 



1993] SENATE JOURNAL 321 

S.B. 352, a bill to implement a recommendation of the Government Performance 
Audit Committee.— 2 referred to Rules and Operation of the Senate Committee 
on February 24. 

Senator Sands offers a motion that the bill be taken from the Rules and Operation 
of the Senate Committee and re-referred to the Government Performance 
Audit Select Committee, which motion prevails. 

The Chair orders the bill re-referred to the Government Performance Audit 
Select Committee. 

S.B. 353, a bill to implement a recommendation of the Government Performance 
Audit Committee.— 3 referred to Rules and Operation of the Senate Committee 
on February 24. 

Senator Sands offers a motion that the bill be taken from the Rules and Operation 
of the Senate Committee and re-referred to the Government Performance 
Audit Select Committee, which motion prevails. 

The Chair orders the bill re-referred to the Government Performance Audit 
Select Committee. 

CALENDAR 

Bills on the Calendar carried forward as unfinished business from yesterday, Monday, 
April 19, are taken up and disposed of, as follows: 

S.B. 649, a bill to update a local act which allows the City of Raleigh to have a 
subcommittee issue certificates of appropriateness. 

On motion of Senator Gunter, consideration of the bill is postponed until tomorrow, 
Wednesday, April 21. 

S.B. 600, a bill to amend the Legislative Retirement System, the Local Governmental 
Employees' Retirement System, the Teachers' and State Employees' Retirement 
System, and the Consolidated Judicial Retirement System to comply with the Internal 
Revenue Code. 

The bill passes its second (49-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 611, a bill to provide the same confidentiality of personnel records of water and 
sewer authorities as are provided those of cities, counties, and other units of local 
government. 

The bill passes its second (49-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 714, a bill to authorize access to information relevant to noncriminal violations 
of the law from the Police Information Network. 

Without objection, on motion of Senator Cooper, the bill is temporarily displaced. 

S. B. 55 (House Committee Substitute) , a bill to clarify the General Statutes to include 
training for incinerator operators of solid waste management facilities, for concurrence 
in the House Committee Substitute bill. 

The Senate concurs in the House Committee Substitute bill (48-0) and the measure is 
ordered enrolled. 

Bills and a resolution on today's Calendar are taken up and disposed of, as follows: 

SPECIAL ORDER NO. 1 

H.J.R. 680 

The hour having arrived for the consideration of Special Order No. 1 , the President of 
the Senate lays before the Senate Special Order No. 1, it being H.J.R. 680, a joint 
resolution honoring the late Governor Melville Broughton on the Fiftieth Anniversary of 
the North Carolina Center for Applied Textile Technology. 



April 20, 1993 



322 SENATE JOURNAL [Session 

With unanimous consent, on motion of Senator Forrester, the joint resolution is read 
in its entirety. 

The joint resolution passes its second reading (48-0) and third reading, with members 
standing, and is ordered enrolled. 

The Chair extends courtesies of the gallery to the family of the late Governor Melville 
Broughton: Mr. and Mrs. Melville Broughton, Jr. , his son and daughter-in-law, and to 
Melville Broughton III, his grandson. 

S.B. 708 (Committee Substitute) , a bill to allow Harnett, Johnston, Lee, Nash, Polk 
and Sampson Counties and the Cities of Angier, Broadway, Clinton, Coats, Dunn, 
Erwin, Lillington, Monroe, Rocky Mount and Sanford to take into consideration 
prospective revenues generated by a development in arriving at the amount of 
consideration for an economic development conveyance, as amended, upon third 
reading. 

Senator Winner of Buncombe offers Amendment No. 2 which is adopted (43-2), 
further changing the title to read S.B. 708 (Committee Substitute) , a bill to allow Burke, 
Harnett, Lee, McDowell, Madison, Nash, Polk, Sampson, and Yancey Counties and 
the Cities of Angier, Broadway, Burnsville, Clinton, Coats, Connelly Springs, Drexel, 
Dunn, Erwin, Glen Alpine, Hildebran, Hot Springs, Lillington, Marion, Mars Hill, 
Marshall, Monroe, Morganton, Old Fort, Rhodhiss, Rocky Mount, Sanford and 
Valdese to take into consideration prospective revenues generated by a development in 
arriving at the amount of consideration for an economic development conveyance. 

The Committee Substitute bill, as amended, passes its third reading (44-3) and is 
ordered engrossed and sent to the House of Representatives. 

S.B. 7 (Committee Substitute), a bill to require the Commissioner of Insurance to 
develop and require uniform forms for the submission of claims under health benefit 
plans, to establish fees for copies of medical records, and to require written notice of 
claim denial. 

On motion of Senator Daniel, consideration of the Committee Substitute bill is post- 
poned until Thursday, April 22. 

S.B. 481 , a bill to allow investments in obligations issued, assumed, or guaranteed by 
the International Finance Corporation, as amended, upon third reading. 

The bill, as amended, passes its third reading and is ordered engrossed and sent to the 
House of Representatives. 

S.B. 658, a bill to expand the property tax exemption for computer software, upon 
third reading. 

Senator Kaplan, Vice Chairman of the Finance Committee, requests a fiscal note 
on the bill. 

Pursuant to Rule 42.1, the Chair orders the measure placed on the Calendar for 
Thursday, April 22, for receipt of the fiscal note. 

S.B. 714, a bill to authorize access to information relevant to noncriminal violations 
of the law from the Police Information Network, temporarily displaced earlier today. 

On motion of Senator Kerr, further consideration of the bill is postponed until 
Thursday, April 22. 

ENDORSEMENT WITHDRAWN 

S.B. 906, a bill to make various substantive amendments to the Workers' 
Compensation Act and to provide for the termination of a worker's compensation 
insurance policy when the employer fails to fully disclose certain information, referred to 
Manufacturing and Labor Committee on April 19. 

With unanimous consent, Senator Soles and Senator Kaplan withdraw their 
endorsement of the bill. 



April 20, 1993 



1993] SENATE JOURNAL 323 

On motion of Senator Basnight, seconded by Senator Perdue, the Senate adjourns at 
2:34 P.M. to meet tomorrow, Wednesday, April 21 at 1:30 P.M. 



FIFTIETH DAY 

Senate Chamber, 
Wednesday, April 21, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"O Lord, our God, the Scripture says that You have not given us a spirit of fear, but of 
strength and a sound mind! 

"With that knowledge as assurance, deliver us from the fear of what might happen. 
Instead, give us the grace to enjoy what is now and to keep striving after what ought to be. 
Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, April 20, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The Chair extends courtesies of the gallery to Ruby Hooper, 1993 North Carolina 
Mother of the Year. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bill and resolution properly enrolled, and 
they are duly ratified and sent to the Office of the Secretary of State: 

S.B. 55 (House Committee Substitute), an act to clarify the General Statutes to 
include training for incinerator operators of solid waste management facilities. (Ch. 29) 

H. J.R. 680, a joint resolution honoring the late Governor Melville Broughton on the 
Fiftieth Anniversary of the North Carolina Center for Applied Textile Technology. 
(Res. 9) 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Hyde for the Constitution and Election Laws Committee: 

S.B. 702, a bill to revise the manner of election of the Town of St. Pauls, with a 
favorable report. 



April 21, 1993 



324 SENATE JOURNAL [Session 

H. B. 435, a bill to allow absentee voting in Old Fort town elections conducted by the 
Municipal Board of Elections, with a favorable report. 

S.B. 531, a bill to amend the Constitution of North Carolina to make the terms of 
office for district court judges consistent with the terms for all other judges of the General 
Court of Justice, with a favorable report, as amended. 

By Senator Johnson for the State Personnel and State Government 
Committee: 

S.B. 196, a bill to remove the legislative recommendation against membership on the 
Board of the State Ports Authority by persons domiciled in the State House and State 
Senate districts where a port is located, with a favorable report. 

S.B. 118, a bill to change the process of appealing under the State Personnel Act 
certain personnel decisions of local appointing authorities, with a favorable report, as 
amended. 

By Senator Walker for the Children and Human Resources Committee: 

S.B. 599, a bill recommended by the Mental Health Study Commission to incorporate 
into the General Statutes the funding policies and procedures adopted by the General 
Assembly as the "Pioneer Funding System" and implemented through a phase-in 
schedule in the forty-one area mental health, developmental disabilities, and substance 
abuse authorities, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 750, a bill to allow public and State hospitals to donate surplus medical 
equipment to nonprofit corporations or government agencies which will distribute the 
property to hospitals and health agencies in other countries, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

By Senator Speed for the Transportation Committee: 

S.B. 836, a bill to waive the fee for special identification cards for homeless and 
indigent persons, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 862, a bill to allow Pitt County to rename all roads within unincorporated areas 
of the County, with a favorable report. 

By Senator Seymour for the Public Utilities Committee: 

S.B. 732, a bill to conform State gas pipeline penalty standards to the newly enacted 
amendments to the Federal Natural Gas Pipeline Safety Act of 1968, with a favorable 
report 

By Senator Folger for the Local Government and Regional Affairs 
Committee: 

S.B. 730, a bill to revise and consolidate the Charter of the Town of Franklinton, with 
a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 789, a bill to revise the boundaries of the Town of Oakboro, with a favorable 
report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

H.B. 586, a bill to abolish the vacant office of Coroner in Halifax County, with a 
favorable report. 



April 21, 1993 



1993] SENATE JOURNAL 325 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Conder, Ward, Soles, Martin of Guilford, Hunt, Parnell Jordan, Hoyle, 
Walker, Lee, Kerr, Edwards, Richardson, Seymour, Gunter, Allran, Forrester, 
Cochrane, Smith, Codington, Carpenter, Blackmon, Ballance, Folger, Marshall, 
Warren, Sherron, Hyde, Plexico, Tally, Gulley, Winner of Mecklenburg, Kaplan, 
Odom, Perdue, Sands, Shaw, Plyler, Harris, and Speed: 

S.B. 934, a bill to appropriate funds for the implementation of Mental Health Study 
Commission and Coalition 2001 Plans for Mental Health, Development Disabilities, 
and Substance Abuse Services in North Carolina. 

Referred to Appropriations Committee. 

By Senators Kaplan and Ward: 

S.B. 935, a bill to require that certain prescription drugs for cancer treatment be 
covered under health and accident insurance policies, in hospital or medical services 
plans, in the State Employees' Comprehensive Major Medical Plan, and in HMO Plans. 

Referred to Insurance Committee and upon a favorable report, re-referred to the 
Pensions and Retirement Committee and upon a favorable report, re-referred to 
the Appropriations Committee. 

By Senator Soles: 

S.B. 936, a bill to authorize nationwide interstate branch banking. 
Referred to Banks and Thrift Institutions Committee and upon a favorable 
report, re-referred to the Judiciary II Committee. 

By Senator Soles: 

S.B. 937, a bill to establish civil liability for larceny, shoplifting, embezzlement, and 
obtaining property by false pretense. 
Referred to Judiciary II Committee. 

By Senator Sands: 

S.B. 938, a bill to provide funding to disseminate hosiery technology through a hosiery 
technology center under the supervision of the Department of Community Colleges. 
Referred to Appropriations Committee. 

By Senator Sands: 

S.B. 939, a bill to clarify the right of motor vehicle dealers in North Carolina to 
combine franchises at a single location. 

Referred to Transportation Committee. 

By Senator Sands: 

S.B. 940, a bill to rewrite the Charitable Solicitations Act. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Warren, Hoyle, Ballance, Edwards, Sherron, and Carpenter: 
S.B. 941, a bill to clarify the law regarding tax liens to provide that local government 
property tax liens have priority over State tax liens. 
Referred to Finance Committee. 



April 21, 1993 



326 SENATE JOURNAL [Session 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

H.B. 467, a bill to remove the requirement that the register of deeds provide the 
County Commissioners with a justification for having a second deputy. 
Referred to Judiciary II Committee. 

H.B. 499, a bill to increase the fees for enrolling in an accredited drug education 
school. 

Referred to Finance Committee. 

H.B. 552, a bill to clarify the Medicaid law regarding the financial responsibility of 
parents for children under twenty-one in medical institutions. 
Referred to Appropriations Committee. 

H.B. 589 (Committee Substitute) , a bill to prohibit hunting from roads in Pasquotank 
County and to permit fishing without a license on the Outer Banks of Dare County. 
Referred to Agriculture, Marine Resources, and Wildlife Committee. 

H.B. 687 (Committee Substitute) , a bill to amend the Charter of the City of Durham 
to authorize the City Council to delegate to the Planning Commission Authority to rezone 
property subject to certain rights of appeal. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 836 , a bill to permit the City of Winston-Salem to levy a motor vehicle tax of up 
to ten dollars. 

Referred to Finance Committee. 



REPORT TO GENERAL ASSEMBLY 

An Agency directed to report to the General Assembly submits a report 
(see Addendum) which is ordered placed on file in the Legislative Library, as follows: 

Pursuant to H.B. 1340, Section 143, the North Carolina Department of Human 
Resources submits its Medicaid Physician Participation Report. 



CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 649, a bill to update a local act which allows the City of Raleigh to have a 
subcommittee issue certificates of appropriateness. 

The bill passes its second (42-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 797, a bill to modify the hours of sales of alcoholic beverages in Mecklenburg 
County. 

On motion of Senator Richardson, consideration of the bill is postponed until 
Thursday, April 29. 

H.B. 516, a bill to allow Alleghany County to take into consideration prospective 
revenues generated by the development in arriving at the amount of consideration for an 
economic development conveyance. 

The bill passes its second (44-1) and third readings and is ordered enrolled. 



April 21, 1993 



1993] SENATE JOURNAL 327 

REPORT OF COMMITTEE 

A bill is reported from a standing committee out of the regular order of business, read 
by its title, together with the report accompanying it, and takes its place on the Calendar, 
as follows: 

By Senator Ballance for the Judiciary I Committee: 

S.B. 679, a bill to clarify that a North Carolina court has personal jurisdiction over 
actions arising from direct and indirect solicitations made from out-of state and received 
in this State, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Ballance, the rules are suspended, and the proposed Committee 
Substitute bill 3633, which changes the title to read S.B. 679 (Committee Substitute) , a 
bill to clarify that a North Carolina court has personal jurisdiction over actions arising 
from direct and indirect solicitations, is placed before the Senate for immediate 
consideration. 

On motion of Senator Ballance, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, Thursday, April 22, for further consideration. 

CALENDAR (Continued) 

S.B. 680, a bill to extend the period during which an employee may file a complaint 
with the Commissioner of Labor alleging retaliatory employment discrimination. 

With unanimous consent, on motion of Senator Ballance, the bill is taken up out of its 
regular order of business. 

On motion of Senator Ballance, the bill is recommitted to the Judiciary I 
Committee. 

S.B. 652 (Committee Substitute), a bill to place the Civil Air Patrol under the State 
Tort Claims Act for State-approved missions and to allow cadets of the Civil Air Patrol to 
be eligible for Workers' Compensation while on State-approved missions. 

The Committee Substitute bill passes its second (49-1) and third readings and is 
ordered sent to the House of Representatives. 



REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Winner of Buncombe for the Finance Committee: 

S.B. 422 (Committee Substitute), a bill regulating the practice of acupuncture, with 
an unfavorable report as to Judiciary I Committee Substitute bill, but favorable as to 
Committee Substitute bill No. 2. 

On motion of Senator Winner of Buncombe, the rules are suspended, and the 
proposed Committee Substitute bill 3638, which changes the title to read S.B. 422 
(Committee Substitute No. 2), a bill regulating the practice of acupuncture and adding 
the practice of dietetics/nutrition to the list of practices that are not considered practicing 
medicine without a license, is placed before the Senate for immediate consideration. 



April 21, 1993 



328 SENATE JOURNAL [Session 

On motion of Senator Winner of Buncombe, the Committee Substitute bill No. 2 is 
adopted. 

With unanimous consent, the Committee Substitute bill No. 2 is placed on the 
Calendar for tomorrow, Thursday, April 22, for further consideration. 

S. B. 853, a bill to authorize counties that will derive economic benefits from the North 
Carolina Global Transpark to form a Global Transpark Development Zone to promote 
economic development of, and to encourage infrastructure construction in, the counties 
of the Zone, with a favorable report, as amended. 

Pursuant to Rule 45. 1 , the bill is placed before the Senate for immediate consideration 
and Committee Amendments No. 1 and No. 2 are adopted. 

Senator Kerr rises to a point of order as to the recommendation of the Finance 
Committee that the measure be placed on the Calendar for tomorrow, April 22, 
without a sequential referral to the Appropriations Committee. The Chair rules the 
sequential referral to the Appropriations Committee upon a favorable report 
ordered April 14 upon introduction of the measure takes precedence over the recommen- 
dation of the Finance Committee on this date. The Chair, consequently, orders the 
bill, as amended, engrossed and re-referred to the Appropriations Committee. 

CALENDAR (Continued) 

S. B. 725, a bill to modify the percentage of sales that must be attributable to food and 
nonalcoholic beverages by restaurant permittees. 

The bill passes its second (41-7) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 221 (House Committee Substitute), a bill to authorize a judicial official in a 
noncapital case to conduct a pretrial release proceeding, first appearance, or an 
arraignment by a two-way audio and video proceeding, for concurrence in the House 
Committee Substitute bill. 

The Senate concurs (48-0) in the House Committee Substitute bill and the measure is 
ordered enrolled. 



RE-REFERRAL 

S.B. 876, a bill to amend the Regional Reciprocal Banking Act and to provide for 
nationwide interstate banking, referred to Judiciary I Committee on April 15. 

Senator Ballance offers a motion that the bill be taken from the Judiciary I 
Committee and re-referred to the Banks and Thrift Institutions Committee, 
which motion prevails. 

The Chair orders the bill re-referred to the Banks and Thrift Institutions 
Committee. 



REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Perdue for the Education/Higher Education Committee: 

S.B. 666, a bill to exempt the Winston-Salem/Forsyth County Board of Education 
and the Forsyth County Commissioners "Downtown School" project from certain 
statutory requirements, with a favorable report. 



April 21, 1993 



1993] SENATE JOURNAL 329 

S.B. 391, a bill to implement a recommendation of the Government Performance 
Audit Committee regarding the continuum of education programs, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Perdue, the rules are suspended, and the proposed Committee 
Substitute bill 7671 is placed before the Senate for immediate consideration, and on her 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, Thursday, April 22, for further consideration. 



ENDORSEMENT WITHDRAWN 

S.B. 906, a bill to make various substantive amendments to the Workers' 
Compensation Act and to provide for the termination of a worker's compensation 
insurance policy when the employer fails to fully disclose certain information, referred to 
the Manufacturing and Labor Committee on April 19. 

With unanimous consent, Senator Edwards withdraws his endorsement of the bill. 

On motion of Senator Basnight, seconded by Senator Parnell, the Senate adjourns at 
2:18 P.M. to meet tomorrow, Thursday, April 22, at 1:30 P.M. 



FIFTY-FIRST DAY 

Senate Chamber, 
Thursday, April 22, 1993. 



The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by the Reverend Mike Morris, Senate Chaplain, as follows: 

"Dear God, we pray today for peace: peace of mind, peace with our neighbors, a 
peace that passes all understanding. 

"It is easy to live at peace with those who are like-minded, but to live at peace with 
those who oppose us is a great grace and commendable achievement. 

"Teach us humility in the face of adversity. Impart to us the secret of endurance so 
that we may enjoy the greatest peace. Then we will be conquerors of self, friends of You, 
O Lord, and heirs to heaven. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, April 21 , has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the Office of the Secretary of State: 

S.B. 221 (House Committee Substitute), an act to authorize a judicial official in a 
noncapital case to conduct a pretrial release proceeding, first appearance, or an arraign- 
ment by a two-way audio and video proceeding. (Ch. 30) 



April 22, 1993 



330 SENATE JOURNAL [Session 

H.B. 516, an act to allow Alleghany County to take into consideration prospective 
revenues generated by the development in arriving at the amount of consideration for an 
economic development conveyance. (Ch. 31) 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Johnson for the State Personnel and State Government 
Committee: 

S. B. 572, a bill to promote markets for recyclables and to promote waste reduction by 
the State by requiring reports published by the State to meet certain standards as to 
composition, by limiting the distribution of State reports, and by encouraging 
community colleges and nonprofit corporations that receive State funds to prepare 
reports according to these standards, with a favorable report, as amended. 

By Senator Hyde for the Constitution and Election Laws Committee: 

S.B. 20, a bill to amend the statutes relating to the electoral college to conform them 
to federal requirements and State law, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Hyde, the rules are suspended, and the proposed Committee 
Substitute bill 4600 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, April 26, for further consideration. 

S.B. 28 (Committee Substitute), a bill to amend the Constitution to change the 
composition of the State Board of Education, to make the Superintendent of Public 
Instruction an appointee of the State Board of Education, and to make corresponding 
statutory changes, with an unfavorable report as to Education/Higher Education 
Committee Substitute bill, No. 1 , but favorable as to Committee Substitute bill No. 2. 

On motion of Senator Hyde, the rules are suspended, and the proposed Committee 
Substitute bill 9664 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

On motion of Senator Hyde, the Committee Substitute bill No. 2 is placed on the 
Calendar for Tuesday, April 27, for further consideration. 

By Senator Parnell for the Insurance Committee: 

S.B. 626, a bill to adopt the model act of the National Association of Insurance 
Commissioners for risk-based capital requirements for life and health insurance 
companies, with a favorable report. 



INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senator Simpson: 

S.B. 942, a bill authorizing Burke County to assist thoroughfare plan implementation. 
Referred to Transportation Committee and upon a favorable report, re-referred 
to the Capital Expenditures and Improvements Committee. 



April 22, 1993 



1993] SENATE JOURNAL 331 

By Senator Soles: 

S.B. 943, a bill to appropriate funds to complete the construction of the East Arcadia 
Senior Services Center. 

Referred to Appropriations Committee. 

By Senator Kincaid: 

S.B. 944, a bill to clarify the responsibility of insurers of motor vehicles with regard to 
unscheduled or unauthorized drivers. 

Referred to Insurance Committee and upon a favorable report, re-referred to the 
Judiciary II Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Kincaid and Forrester: 

S.B. 945, a bill permitting the use of deadly force against an intruder under certain 
circumstances. 

Referred to Judiciary I Committee. 

By Senator Carpenter: 

S.B. 946, a bill to appropriate funds for the construction of a new classroom building 
and child care center building at Tri-County Community College. 

Referred to Capital Expenditures and Improvements Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Carpenter: 

S.B. 947, a bill to appropriate funds for the construction of a new classroom 
laboratory and study building at the Tri-County Community College/Graham County 
Center. 

Referred to Capital Expenditures and Improvements Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Carpenter: 

S.B. 948, a bill to appropriate funds for the construction of a new classroom building 
and student services center at Tri-County Community College. 

Referred to Capital Expenditures and Improvements Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senators Warren, Sherron, Hoyle, Ballance, Carpenter, Edwards, Albertson, 
Forrester, Perdue, Harris, Lee, Smith, Cochrane, Simpson, Richardson, Hartsell, 
Kincaid, Hunt, Speed, Sands, Plexico, Martin of Guilford, Gunter, Walker, and 
Parnell: 

S.B. 949, a bill to change the method for calculating the penalty for early retirement. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Daniel: 

S.B. 950, a bill to require that all new hospices receive a certificate of need. 
Referred to Capital Expenditures and Improvements Committee and upon a 
favorable report, re-referred to the Children and Human Resources Committee. 

By Senators Daniel, Plyler, Winner of Buncombe, and Hunt: 

S.R. 951, a Senate simple resolution expressing the intent of the Senate to enhance 
further the long-term fiscal stability of the State and to take advantage of the favorable 
interest rate climate by authorizing State general obligation bonds. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Plyler, Odom, Harris, Winner of Mecklenburg, Conder, Hartsell, 
Richardson, Smith, Cochrane, and Blackmon: 

S.B. 952, a bill to change the law regarding hospital authorities to offer health care 
services outside the city or county creating the authority. 

Referred to Children and Human Resources Committee. 



April 22, 1993 



332 SENATE JOURNAL [Session 

By Senator Winner of Mecklenburg: 

S.B. 953, a bill regarding the establishment of paternity of a child by affidavit, 
changing the laws of evidence relating to paternity testing in civil actions, and giving 
priority to the trial of paternity actions. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Appropriations Committee. 

By Senators Marshall, Perdue, Basnight, and Odom: 

S.B. 954, a bill to permit the direct payment of certified social workers under health 
insurance policies. 

Referred to Insurance Committee. 

By Senators Marshall, Gulley, Daniel, and Ballance: 

S.B. 955, a bill to authorize a method for parents to authorize consent by another for 
health care for the parents' minor child. 
Referred to Judiciary I Committee. 

REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 821, a bill to amend the current procedure for the registration of water with- 
drawals to make the procedure more effective, to provide more useful information, and 
to impose a late payment fee for late registrations, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the proposed Committee 
Substitute bill 4601 is placed before the Senate for immediate consideration, and on her 
further motion is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 



MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills which are read the first time and disposed of, as follows: 

H. B. 545, a bill to implement a recommendation of the General Statutes Commission 
to make technical amendments regarding the renunciation of property. 
Referred to Judiciary II Committee. 

H. B. 694, a bill to change the candidate filing period for the Gaston County Board of 
Education so it will close prior to the availability of absentee ballots. 
Referred to Constitution and Election Laws Committee. 

H . B . 728 , a bill to make the wearing of seat belts admissible in criminal proceedings . 
Referred to Judiciary I Committee. 

H. B. 762, a bill to provide for modification of the Haywood County predevelopment 
ordinance. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 819, a bill to provide for nonpartisan election of the Transylvania County Board 
of Education. 

Referred to Constitution and Election Laws Committee. 



April 22, 1993 



1993] SENATE JOURNAL 333 

APPOINTMENT BY THE GOVERNOR 

The President of the Senate directs the Reading Clerk to read the following message 
from the Governor: 

State of North Carolina 

Office of the Governor 
Raleigh 27603-8001 

April 21, 1993 

The Honorable Marc Basnight 
Senate President Pro Tempore 
Legislative Building 
Raleigh, North Carolina 27611 

Dear Marc: 

Pursuant to North Carolina General Statute 115C-10, I hereby appoint the following 
individuals to the North Carolina State Board of Education and submit their names for 
confirmation by the North Carolina General Assembly: 

Mr. Eddie Davis, III of Durham 
Mr. Robert R. Douglas of Asheville 
Mrs. Margaret B. Harvey of Kinston 

They will serve terms to begin immediately upon confirmation and to expire on 
March 31, 2001. 

Biographical information on each individual is attached. Please feel free to contact 
them should you need any additional information. 

Thank you for your attention to this important matter. 

My warmest personal regards. 

Sincerely, 

S/ James B. Hunt, Jr. 

Governor 



Referred to Education/Higher Education Committee 



EXECUTIVE ORDERS 

An Executive Order is received (see Appendix) is presented to the Senate, read, and 
referred to committee, as follows: 

Executive Order Number 8, State Government Recycling, Reduction of Solid 
Waste, and Purchase of Products with Recycled Content. 

Referred to Environment and Natural Resources Committee. 



REPORT TO GENERAL ASSEMBLY 

An Agency directed to report to the General Assembly submits a report 
(see Addendum) which is ordered placed on file in the Legislative Library, as follows: 

Pursuant to H.B. 1340, Section 139, 1991 Session, the North Carolina Department 
of Human Resources submits its Report to the General Assembly on the Functioning of 
Community Child Protection Teams. 



April 22, 1993 



334 SENATE JOURNAL [Session 

CALENDAR 

Bills on the Calendar are taken up and disposed of, as follows: 

S.B. 666, a bill to exempt the Winston-Salem/Forsyth County Board of Education 
and the Forsyth County Commissioners "Downtown School" project from certain 
statutory requirements. 

The bill passes its second (43-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 702, a bill to revise the manner of election of the Town of St. Pauls. 
The bill passes its second and third reading and is ordered sent to the House of 
Representatives. 

S.B. 851, a bill to abolish the vacant Office of Coroner in Scotland County. 
The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

Senator Harris requests to be recorded voting "no" on the third reading of the measure. 

S.B. 862, a bill to allow Pitt County to rename all roads within unincorporated areas 
of the County. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 435, a bill to allow absentee voting in Old Fort town elections conducted by the 
Municipal Board of Elections. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 586, a bill to abolish the vacant office of Coroner in Halifax County. 

The bill passes its second and third readings and is ordered enrolled. 

Senator Harris requests to be recorded voting "no" on the third reading of the measure. 

S.B. 531, a bill to amend the Constitution of North Carolina to make the terms of 
office for district court judges consistent with the terms for all other judges of the General 
Court of Justice, upon second reading. 

On motion of Senator Hyde, consideration of the bill is postponed until Tuesday, 
April 27. 

REPORTS OF COMMITTEES 

Standing committee reports are submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Ballance for the Judiciary I Committee: 

H.B. 141, a bill to authorize access to information relevant to noncriminal violations 
of the law from the Police Information Network, with a favorable report, as amended. 

On motion of Senator Ballance, the bill is placed at the end of today's Calendar for 
consideration. 

By Senator Plyler for the Appropriations Committee: 

S.B. 344, a bill to remove the exclusion for war-related disabilities from the 
Disabilities Income Plan, with a favorable report. 

S.B. 896, a bill to authorize the Judicial Department to transfer funds from the Special 
Capital Case Rehearing Fund to the Indigent Persons' Attorney Fee Fund, with a 
favorable report. 



April 22, 1993 



1993] SENATE JOURNAL 335 

By Senator Folger for the Local Government and Regional Affairs 
Committee: 

S.B. 804, a bill to exempt the Town of Troy from certain zoning notice requirements, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Folger, the rules are suspended, and the proposed Committee 
Substitute bill 7672 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, April 26, for further consideration. 



CALENDAR (Continued) 

S.B. 658, a bill to expand the property tax exemption for computer software, upon 
third reading. 

With unanimous consent, on motion of Senator Kaplan, the bill is taken up out of its 
regular order of business. 

On motion of Senator Kaplan, consideration of the bill is postponed until Tuesday, 
April 27. 

S.B. 7 (Committee Substitute), a bill to require the Commissioner of Insurance to 
develop and require uniform forms for the submission of claims under health benefit 
plans, to establish fees for copies of medical records, and to require written notice of 
claim denial. 

Senator Winner of Buncombe offers Amendment No. 1. 

Without objection, on motion of Senator Hyde, the Committee Substitute bill is 
temporarily displaced, with Amendment No. 1 pending. 

S.B. 118, a bill to change the process of appealing under the State Personnel Act 
certain personnel decisions of local appointing authorities. 

On motion of Senator Johnson, Committee Amendment No. 1 is adopted (46-0). 

The bill, as amended, passes its second (44-0) and third reading and is ordered 
engrossed and sent to the House of Representatives. 



REPORTS OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, bills are 
read by their titles, together with the reports accompanying them, and take their place on 
the Calendar, as follows: 

By Senator Perdue for the Education/Higher Education Committee: 

S.B. 545, a bill to delete the requirement that local boards of education file copies of 
their budget resolutions with the State Board of Education, with a favorable report. 

S.B. 577, a bill to delete the requirement that the State Board of Education inspect 
activity buses owned by local school administrative units, with a favorable report. 

S.B. 630 , a bill to permit recipients of teaching fellows scholarship loans to repay their 
commitment to the State by teaching for three consecutive years in school systems 
located in low-wealth counties, with a favorable report, as amended. 

Pursuant to Rule 45.1, the bill is placed before the Senate for immediate consideration 
and Committee Amendment No. 1 is adopted. 

The Chair orders the measure, as amended, engrossed and re-referred to the 
Appropriations Committee. 



April 22, 1993 



336 SENATE JOURNAL [Session 

S.B. 385, a bill to implement a recommendation of the Government Performance 
Audit Committee to review the lateral entry process for school administrators, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Perdue, the rules are suspended, and the proposed Committee 
Substitute bill 3639, which changes the title to read S.B. 385 (Committee Substitute) , a 
bill to implement a recommendation of the Government Performance Audit Committee 
to consider a lateral entry process for school administrators, is placed before the Senate 
for immediate consideration. 

On motion of Senator Perdue, the Committee Substitute bill is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
Monday, April 26, for further consideration. 

S.B. 576, a bill to repeal the law exempting the Division of Youth Services' Voca- 
tional Teachers from the educational requirements of criminal justice certification, with 
an unfavorable report. 

CALENDAR (Continued) 

S.B. 7 (Committee Substitute), a bill to require the Commissioner of Insurance to 
develop and require uniform forms for the submission of claims under health benefit 
plans, to establish fees for copies of medical records, and to require written notice of 
claim denial, with Amendment No. 1 pending, temporarily displaced earlier. 

Amendment No. 1, offered by Senator Winner of Buncombe, is adopted (45-1). 

The Committee Substitute bill, as amended, passes its second reading (48-0). 

Senator Daniel objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for Tuesday, April 27, for further consideration, upon 
third reading. 

S.B. 196, a bill to remove the legislative recommendation against membership on the 
Board of the State Ports Authority by persons domiciled in the State House and State 
Senate districts where a port is located. 

The bill passes its second (47-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 391 (Committee Substitute), a bill to implement a recommendation of the 
Government Performance Audit Committee regarding the continuum of education 
programs . 

The Committee Substitute bill passes its second (50-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 422 (Committee Substitute No. 2), a bill regulating the practice of acupuncture 
and adding the practice of dietetics/nutrition to the list of practices that are not 
considered practicing medicine without a license. 

The Committee Substitute bill No. 2 passes its second reading (42-8). 

Senator Harris objects to the third reading of the measure. The Chair orders the 
measure placed on the Calendar for Monday, April 26, for further consideration, upon 
third reading. 

S.B. 679 (Committee Substitute), a bill to clarify that a North Carolina court has 
personal jurisdiction over actions arising from direct and indirect solicitations. 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 714, a bill to authorize access to information relevant to noncriminal violations 
of the law from the Police Information Network. 

Without objection, on motion of Senator Kerr, the bill is temporarily displaced. 



April 22, 1993 



1993] SENATE JOURNAL 337 

H. B. 141, a bill to authorize access to information relevant to noncriminal violations 
of the law from the Police Information Network. 

With unanimous consent, on motion of Senator Kerr, the bill is taken up out of its 
regular order of business. 

On motion of Senator Ballance, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (49-0). 

Without objection, on motion of Senator Soles, the bill, as amended, is temporarily 
displaced. 

RECONSIDERATION 

S.B. 196, a bill to remove the legislative recommendation against membership on the 
Board of the State Ports Authority by persons domiciled in the State House and State 
Senate districts where a port is located. 

Senator Sands offers a motion that the vote by which the bill passed its third reading, 
today, be reconsidered, which motion prevails, and the question becomes the passage of 
the measure upon third reading. 

On motion of Senator Sands, further consideration of the bill is postponed until 
Tuesday, April 27. 

RE-REFERRAL 

S.B. 489, a bill to implement a recommendation of the Child Fatality Task Force to 
appropriate funds for child maltreatment evaluation and education centers, referred to 
Appropriations Committee on March 16. 

Senator Daniel offers a motion that the bill be taken from the Appropriations 
Committee and re-referred to the Children and Human Resources 
Committee, which motion prevails. 

The Chair orders the bill re-referred to the Children and Human Resources 
Committee. 

CALENDAR (Continued) 

S.B. 732, a bill to conform State gas pipeline penalty standards to the newly enacted 
amendments to the Federal Natural Gas Pipeline Safety Act of 1968. 

The bill passes its second (42-0) and third reading and is ordered sent to the House of 
Representatives. 

H. B. 141, a bill to authorize access to information relevant to noncriminal violations 
of the law from the Police Information Network, as amended, upon third reading, 
temporarily displaced earlier. 

On motion of Senator Soles, further consideration of the bill, as amended, is 
postponed until Tuesday, April 27. 

S.B. 714, a bill to authorize access to information relevant to noncriminal violations 
of the law from the Police Information Network, temporarily displaced earlier. 

On motion of Senator Kerr, consideration of the bill is postponed until Tuesday, 
April 27. 

ENDORSEMENT WITHDRAWN 

S.B. 906, a bill to make various substantive amendments to the Workers' 
Compensation Act and to provide for the termination of a worker's compensation insur- 
ance policy when the employer fails to fully disclose certain information, referred to the 
Manufacturing and Labor Committee on April 19. 

With unanimous consent, Senator Speed withdraws his endorsement of the bill. 



April 22, 1993 



338 SENATE JOURNAL [Session 

On motion of Senator Basnight, seconded by Senator Allran, the Senate adjourns at 
2:43 P.M. to meet Monday, April 26, at 8:00 P.M. 



FIFTY-SECOND DAY 

Senate Chamber, 
Monday, April 26, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by Dr. Randall Lolley , Minister of First Baptist Church, Greensboro, 
as follows: 

"Almighty God, our Heavenly Father, once again the gavel falls, a session begins, and 
the people's representatives pause to pray. 

"This is the North Carolina State Senate, Lord. I am impressed. Are You? 

"You were there when each of these Senators got their start. All in the same way, You 
provided the first gulp of air while the doctor provided the first slap on the backside. 

"And You have been there with them, every day since— watching them grow— some- 
times toward You; sometimes in different directions. 

"Now, make all of them grateful and none of them forgetful that Your Gift of Life to 
them is Your Own Vote to keep them in office. 

"This is the Senate, Lord. 

"I am impressed. Here the women and men are so unique, so self-assured, that even 
their similarities are different. Theirs is a mighty stewardship both to You and to the 
electorate. 

"Soon this place will reverberate with debate— the sound and fury of the people's work 
getting done. 

"Help these Senators tonight to know, Lord, that the only place sainthood precedes 
servanthood is in the dictionary. 

"In Your Own Name, we pray. Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Thursday, April 22, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

With unanimous consent, the President grants a leave of absence for tonight to Senator 
Albertson, who is attending an ALEC environmental meeting in Perdido Beach, 
Alabama; Senator Hartsell, who is attending a county commissioners' meeting; and to 
Senators Soles, Shaw, and Edwards. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the Office of the Secretary of State: 

S. B. 130 (Committee Substitute) , an act to modify the distribution of the profits from 
the City of Monroe ABC System. (Ch. 32) 



April 26, 1993 



1993] SENATE JOURNAL 339 

S.B. 457, an act to establish statewide seasons for taking beaver and to allow the 
taking of depredating beaver without obtaining a permit. (Ch. 33) 

S.B. 458, an act to provide for an at-large seat on the Kings Mountain Board of 
Education, instead of all the members being elected from residency districts. (Ch. 34) 

H. B. 435, an act to allow absentee voting in Old Fort town elections conducted by the 
Municipal Board of Elections. (Ch. 35) 

H.B. 586, an act to abolish the vacant office of Coroner in Halifax County. (Ch. 36) 



ESCORT COMMITTEE 

The Chair recognizes Senator Basnight, President Pro Tempore, who announces the 
Escort Committee for the University of North Carolina at Chapel Hill Women's 
Championship NCAA Division I Soccer Team, Head Coach Anson Dorrance, and the 
coaching staff , as follows: Senator Winner of Buncombe, Chairman; Senators Cooper, 
Forrester, Kerr, Lee, Odom, Sands, Walker, and Ward; and to Senators Hartsell and 
Shaw in absentia. 



REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 571, a bill to amend the Dam Safety Law of 1967 to make it more effective, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Tally, the proposed Committee Substitute bill 6621 is placed 
before the Senate for immediate consideration, and on her further motion is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

S.B. 875, a bill to regulate interbasin transfers, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the proposed Committee 
Substitute bill 9665 is placed before the Senate for immediate consideration, and on her 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, Tuesday, April 27, for further consideration. 

By Senator Johnson for the State Personnel and State Government 
Committee: 

S.B. 58, a bill to establish a State procurement policy that requires the State to 
purchase products containing recycled materials and establishes certain goals for the 
purchase of goods and supplies made from recycled materials, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Johnson, the rules are suspended, and the proposed Committee 
Substitute bill 4599, which changes the title to read S.B. 58 (Committee Substitute), a 
bill to establish a procurement policy that promotes the purchase of materials and 
supplies with recycled content by the State, the University System, Community Colleges, 
and public schools and to establish certain goals for the purchase of recycled paper and 
paper products, is placed before the Senate for immediate consideration. 

On motion of Senator Johnson, the Committee Substitute bill is adopted. 



April 26, 1993 



340 SENATE JOURNAL [Session 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, Tuesday, April 27, for further consideration. 

S.B. 744, a bill to amend various statutes to delete obsolete references to warrants 
issued by the State Auditor, to make technical corrections in references to the State 
Auditor's oversight, and to repeal Chapter 112 of the General Statutes Confederate 
Homes and Pensions, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Johnson, the proposed Committee Substitute bill 8516 is placed 
before the Senate for immediate consideration, and on his further motion is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

Bills and resolutions are reported from a select committee, read by their titles, together 
with the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Martin of Guilford for the Government Performance Audit Select 
Committee: 

S.B. 192, a bill to implement a recommendation of the Government Performance 
Audit Committee to direct the Department of Commerce to establish performance-based 
indicators and contracts for nonprofits that conduct state-funded economic development 
activities, with a favorable report. 

S.B. 310, a bill to implement recommendations of the Government Performance 
Audit Committee concerning the classification of State employees and to appropriate 
funds to implement the classification recommendations, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Martin of Guilford, the proposed Committee Substitute bill 
3634, which changes the title to read S.B. 310 (Committee Substitute), a bill to study 
employee classification and compensation, to provide for an annual evaluation of 
employee benefits, and to provide funds for the classification and compensation study, is 
placed before the Senate for immediate consideration. 

On motion of Senator Martin of Guilford, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 366, a bill to implement a recommendation of the Government Performance 
Audit Committee to consolidate the administration of the State's Workers' Compensa- 
tion Program and to create the State Government Workers' Compensation Office, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Martin of Guilford, the proposed Committee Substitute bill 
7673, which changes the title to read S.B. 366 (Committee Substitute), a bill to 
implement a recommendation of the Government Performance Audit Committee to 
create the State Workers' Compensation Office and to consolidate the administration of 
the State Workers' Compensation Program, is placed before the Senate for immediate 
consideration. 

On motion of Senator Martin of Guilford, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

Additional bills are reported from standing committees, read by their titles, together 
with the reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Warren for the Banks and Thrift Institutions Committee: 

S.B. 466, a bill to allow the original contracting preneed licensee to retain up to ten 
percent of the funds when transferring trust deposits to a successor funeral establish- 
ment, with a favorable report. 



April 26, 1993 



1993] SENATE JOURNAL 341 

S. B. 513, a bill to amend the banking laws, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Warren, the rules are suspended, and the proposed Committee 
Substitute bill 9668 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, Tuesday, April 27, for further consideration. 

By Senator Speed, Vice-Chairman, for Senator Albertson, Chairman, for the 
Agriculture, Marine Resources, and Wildlife Committee: 

S.B. 116, a bill to implement the recommendation of the Horse Racing in North 
Carolina Legislative Research Commission Study Committee to establish the North 
Carolina Racing Commission, after a binding referendum, to develop a program of horse 
racing for North Carolina, and to provide funds for development of the equine industry in 
North Carolina, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Speed, the proposed Committee Substitute bill 9662 is placed 
before the Senate for immediate consideration, and on his further motion is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Judiciary I 
Committee. 

By Senator Kerr for the Manufacturing and Labor Committee: 

S.B. 787, a bill to impose a penalty for failure to comply with ESC tax reporting 
requirements, to allow for garnishment for unpaid unemployment insurance 
contributions, and to clarify the law with respect to overpayments collected from certain 
claimants, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Kerr, the proposed Committee Substitute bill 3648, which 
changes the title to read S.B. 787 (Committee Substitute) , a bill to impose a penalty for 
failure to comply with ESC tax reporting requirements, is placed before the Senate for 
immediate consideration. 

On motion of Senator Kerr, the Committee Substitute bill is adopted. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

S . B . 802 , a bill to make technical and other changes to the employment security laws , 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Kerr, the rules are suspended, and the proposed Committee 
Substitute bill 2650 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, Tuesday, April 27, for further consideration. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

Senator Sands offers a motion that bills filed for introduction tonight be read the first 
time and referred to committee upon the completion of tonight's Calendar, which motion 
prevails. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages are received from the House of Representatives transmitting the following 
bills and resolutions which are read the first time and disposed of, as follows: 



April 26, 1993 



342 SENATE JOURNAL [Session 

Senator Sands offers a motion that messages received from the House of 
Representatives, transmitting bills and a resolution, be read the first time and disposed 
of, upon the completion of tonight's Calendar, which motion prevails. 

The President recognizes Senator Winner of Buncombe, who requests permission for 
the Escort Committee to be excused to escort the Honored Guests to the Well of the 
Senate. The President grants the request and excuses the Escort Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of, as follows: 

SPECIAL ORDER NO. 1 
S.J.R. 441 

The hour having arrived for the consideration of Special Order No. 1 , the President of 
the Senate lays before the Senate Special Order No. 1, it being S.J.R. 441, a joint 
resolution honoring the women's soccer program at the University of North Carolina at 
Chapel Hill. 

The Sergeant-at-Arms announces the presence of the University of North Carolina at 
Chapel Hill NCAA Division I Women's Soccer Championship Team, Head Coach 
Anson Dorrance and members of his staff are at the doors of the Chamber and await the 
pleasure of the Senate. The President orders the Sergeant-at-Arms to open the doors of 
the Chamber and to lead the Escort Committee and the Honored Guests to the Well of the 
Senate. Senator Winner of Buncombe presents the Honored Guests to the President. 

With unanimous consent, on motion of Senator Winner of Buncombe, the joint 
resolution is read in its entirety. Senator Winner of Buncombe briefly addresses the 
Senate and recognizes the accomplishments of Head Coach Anson Dorrance; assistant 
coach, Bill Palladino; 1992 team members, Missy Boyle, Alison Brooks, Amy Burns, 
Paige Coley, Dawn Crow, Shannon Davenport, Mikki Denney, Tracy Donahue, 
Meagan Dougherty, Jenn Eames, Danielle Egan, Shelley Finger, Nancy Friedman, 
Susie Green, Mia Hamm, Angela Kelly, Kristine Lilly, Kasey Monroe, Tracy Noonan, 
Ashley Riggs, Vanessa Rubio, Keri Sanchez, Roz Santana, Sasha Soares, Carolyn 
Springer, Sonja Trojak, Rita Tower, Tisha Venturini, and Jennifer Zaccagnini; 
administrative assistant, Chris Bischoff; and goalkeeper trainer, Mike Taylor. 

The joint resolution passes its second (43-0) and third readings. With unanimous 
consent, the Chair orders the joint resolution sent to the House of Representatives by 
special messenger. 

Senator Winner of Buncombe introduces Head Coach Anson Dorrance and requests 
permission for him and any team member to speak. The President recognizes Coach 
Dorrance and Team Member, Carolyn Springer, who briefly address the Senate. The 
Senate responds with a standing ovation. 

The President directs the Committee to escort the Honored Guests from the Chamber. 

S.B. 804 (Committee Substitute), a bill to exempt the Town of Troy from certain 
zoning notice requirements. 

The Committee Substitute bill passes its second and third readings and is ordered sent 
to the House of Representatives. 

REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 



April 26, 1993 



1993] SENATE JOURNAL 343 

By Senator Ballance for the Judiciary I Committee: 

S.B. 778, a bill to provide that either spouse may direct a lender to cease making 
advances on an equity line of credit secured by real property owned by the spouses as joint 
tenants or tenants by the entirety, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill. 

On motion of Senator Ballance, the rules are suspended, and the proposed Committee 
Substitute bill 3645 is placed before the Senate for immediate consideration, and on his 
further motion is adopted. 

With unanimous consent, the Committee Substitute bill is placed on the Calendar for 
tomorrow, Tuesday, April 27, for further consideration. 

CALENDAR (Continued) 

S.B. 545, a bill to delete the requirement that local boards of education file copies of 
their budget resolutions with the State Board of Education. 

With unanimous consent, on motion of Senator Richardson, the bill is taken up out of 
its regular order of business. 

On motion of Senator Richardson, consideration of the bill is postponed until 
tomorrow, Tuesday, April 27. 

S.B. 20 (Committee Substitute) , a bill to amend the statutes relating to the electoral 
college to conform them to federal requirements and State law. 

The Committee Substitute bill passes its second (40-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 344, a bill to remove the exclusion for war-related disabilities from the 
Disabilities Income Plan. 

The bill passes its second (42-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 385 (Committee Substitute), a bill to implement a recommendation of the 
Government Performance Audit Committee to consider a lateral entry process for school 
administrators. 

The Committee Substitute bill passes its second (43-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 572, a bill to promote markets for recyclables and to promote waste reduction by 
the State by requiring reports published by the State to meet certain standards as to 
composition, by limiting the distribution of State reports, and by encouraging communi- 
ty colleges and nonprofit corporations that receive State funds to prepare reports 
according to these standards. 

On motion of Senator Johnson, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (43-0). 

Senator Winner of Buncombe objects to the third reading of the measure. The Chair 
orders the measure placed on the Calendar for tomorrow, Tuesday, April 27, for further 
consideration, upon third reading. 

S.B. 577, a bill to delete the requirement that the State Board of Education inspect 
activity buses owned by local school administrative units. 

The bill passes its second (43-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 626, a bill to adopt the model act of the National Association of Insurance 
Commissioners for risk-based capital requirements for life and health insurance 
companies. 

The bill passes its second (42-0) and third readings and is ordered sent to the House of 
Representatives. 



April 26, 1993 



344 SENATE JOURNAL [Session 

S. B. 896, a bill to authorize the Judicial Department to transfer funds from the Special 
Capital Case Rehearing Fund to the Indigent Persons' Attorney Fee Fund. 

The bill passes its second (44-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 422 (Committee Substitute No. 2), a bill regulating the practice of acupuncture 
and adding the practice of Dietetics/Nutrition to the list of practices that are not consid- 
ered practicing medicine without a license, upon third reading. 

The Committee Substitute bill No. 2 passes its third reading (35-6) and is ordered sent 
to the House of Representatives. 



REPORT OF COMMITTEE 

A standing committee report is submitted out of the regular order of business, a bill is 
read by its title, together with the report accompanying it, and takes its place on the 
Calendar, as follows: 

By Senator Daniel for the Appropriations Committee: 

S.B. 853, a bill to authorize counties that will derive economic benefits from the North 
Carolina Global Transpark to form a Global Transpark Development Zone to promote 
economic development of, and to encourage infrastructure construction in, the counties 
of the Zone, with a favorable report. 

The President recognizes the following pages serving in the Senate this week, who are 
members of the North Carolina Wing of the Civil Air Patrol: Jonathan F. Almond, 
Albemarle; Manuel Alvarer, Pope Air Force Base; Joshua Brandon Bass, Charlotte; 
Ganasham (Tony) Beerbhajan, Concord; Joshua James Gifford, Wendell; Christopher 
L. Hall, Concord; Matthew S. Johnson, Apex; Kevin Letchworth, Wendell; James A. 
Martin, Concord; Diedre (Deedy) M. Martinet, Zebulon; Jessica Anne-Elizabeth 
Miller, Albemarle; Jerry Bryan Radford, Forest City; Raymond Patrick Reams, 
Wendell; Matthew C. Reash, Raleigh; Joseph Edward Rucker III, Chapel Hill; Jamal 
Searles, Bailey; David L. Taylor, Fayetteville; Omar J. Vieira, Fort Bragg; James H. 
Wells, Fort Bragg; James Bernard Wilde, Durham; David P. Wolfe, Durham; and 
Reuben D. Young, Raleigh. It is announced Jonathan W. Schutts, Cary, shall serve as a 
page this week beginning tomorrow, Tuesday, April 27. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Pursuant to the motion prevailing earlier tonight, bills filed for introduction are 
presented to the Senate, read the first time, and disposed of, as follows: 

By Senators Albertson, Perdue, Jordan, Parnell, Kincaid, Martin of Guilford, Hoyle, 
Hunt, Simpson, Martin of Pitt, Hyde, Smith, Warren, Kerr, Edwards, Conder, Winner 
of Buncombe, Harris, Gulley, Ward, and Cooper: 

S.B. 956, a bill directing the Agriculture and Forestry Awareness Study Commission 
to study the development of farm and nonfarm markets for animal residues. 

Referred to Rules and Operation of the Senate Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Folger: 

S.B. 957, a bill to authorize Surry County to levy an additional privilege license tax on 
beer and wine retailers. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 



April 26, 1993 



1993] SENATE JOURNAL 345 

By Senator Kaplan: 

S.B. 958, a bill to appropriate funds for the establishment of the Institute of Film 
Technologies at the Caswell County Campus of Piedmont Community College. 

Referred to Capital Expenditures and Improvements Committee and upon a 
favorable report, re-referred to the Appropriations Committee. 

By Senator Perdue: 

S.B. 959, a bill to appropriate funds for the North Carolina Interloc Program, a grant 
program to encourage local boards of education to act jointly to provide programs or 
services. 

Referred to Appropriations Committee. 

By Senators Perdue, Conder, and Albertson: 

S.B. 960, a bill to establish the North Carolina Interloc Program, a grant program to 
encourage local boards of education to act jointly to provide programs or services, and to 
permit two or more local boards of education to operate schools jointly. 

Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

By Senator Perdue: 

S.B. 961, a bill to allow certain counties to regulate junkyards on secondary roads. 

Referred to Transportation Committee. 

By Senators Daniel and Plyler: 

S.B. 962, a bill to allow legislators serving in January 1985 to purchase creditable 
service in the Legislative Retirement System. 

Referred to Pensions and Retirement Committee and upon a favorable report, 
re-referred to the Appropriations Committee. 

By Senator Daniel: 

S.B. 963, a bill to provide that an assignment of a mortgage or deed of trust need not 
be recorded in order to perfect the assignment. 
Referred to Judiciary II Committee. 

By Senators Walker, Harris, Lee, Ward, Tally, Plexico, Kaplan, Martin of Guilford, 
Hunt, Richardson, Marshall, Ballance, Edwards, Seymour, and Perdue: 

S.B. 964, a bill to appropriate funds for the Division of Youth Services' community- 
based alternative services. 

Referred to Appropriations Committee. 

By Senators Speed, Plyler, and Marshall: 

S.B. 965, a bill to require the court to order modifications of the defendant's drivers 
record after acquittal for driving while impaired. 
Referred to Judiciary I Committee. 

By Senators Winner of Mecklenburg, Codington, Blackmon, Forrester, Seymour, 
Hoyle, Jordan, Martin of Guilford, Richardson, Harris, Winner of Buncombe, and 
Odom: 

S.B. 966, a bill to appropriate funds to be paid to eight private nonprofit child caring 
agencies as grants-in-aid to private child caring institutions. 

Referred to Appropriations Committee. 

By Senators Lee, Gunter, Hoyle, and Ward: 

S.B. 967, a bill to appropriate funds to plan for and begin implementation of teacher 
academies. 

Referred to Appropriations Committee. 



April 26, 1993 



346 SENATE JOURNAL [Session 

By Senators Lee, Gunter, Hoyle, and Ward: 

S.B. 968, a bill to plan for and begin implementation of teacher academies. 
Referred to Education/Higher Education Committee and upon a favorable 
report, re-referred to the Appropriations Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Pursuant to the motion prevailing earlier tonight, messages are received from the 
House of Representatives transmitting the following bills and a resolution which are read 
the first time and disposed of, as follows: 

H.B. 97, a bill to increase the limit on cash prizes for raffles. 
Referred to Judiciary I Committee. 

H.B. 102 (Committee Substitute), a bill to require the local Boards of Education to 
use the energy guidelines for school design and construction and to require energy-use 
goals and standards in order to assure the construction of energy efficient new schools 
and school renovations. 

Referred to Capital Expenditures and Improvements Committee and upon a 
favorable report, re-referred to the Education/Higher Education Committee. 

H.B. 187, a bill requiring certain detail in the decisions and reports of the OSHA 
Review Board. 

Referred to Manufacturing and Labor Committee. 

H.B. 203 (Committee Substitute), a bill to require that individuals and businesses 
engaged in the practice of tattooing obtain a permit from the Department of Environ- 
ment, Health, and Natural Resources. 

Referred to Children and Human Resources Committee. 

H.B. 283 (Committee Substitute), a bill recommended by the Juvenile Law Study 
Commission to establish a pilot program under the Administrative Office of the Courts 
regarding juvenile court jurisdiction over juveniles between sixteen and eighteen years of 
age who are beyond the disciplinary control of their parents. 

Referred to Judiciary I Committee. 

H.B. 365 (Committee Substitute) , a bill to require public school children to receive a 
health assessment before entry into kindergarten. 

Referred to Education/Higher Education Committee. 

H. J.R. 393, a joint resolution honoring the founders of the John C. Campbell Folk 
School and the Penland School of Crafts and declaring both schools as North Carolina 
arts and crafts resources. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 437, a bill to grant statutory powers to trustees under express trust instruments. 
Referred to Judiciary II Committee. 

H.B. 519, a bill to eliminate any ambiguity as to the scope of inspections of the Board 
of Mortuary Affairs. 

Referred to Children and Human Resources Committee. 

H.B. 698, a bill to amend laws relating to felonious larceny to make the threshold 
amount consistently one thousand dollars. 
Referred to Judiciary I Committee. 

H.B. 733, a bill exempting Gaston County from Article 12, Chapter 160 A of the 
General Statutes, as to leases of undeveloped real estate owned by it known as the Court 
Drive Property in Gastonia. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Capital Expenditures and Improvements 
Committee and upon a favorable report, re-referred to the Finance Committee. 



April 26, 1993 



1993] SENATE JOURNAL 347 

H . B . 735 , a bill to allow the Town of Surf City to replace a water line with its own crew 
and equipment. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Capital Expenditures and Improvements 
Committee. 

H.B. 737, a bill to provide that elected officials of the Town of Black Creek who are 
also employees or officers of the Town may not vote on any matter related to personnel. 
Referred to Constitution and Election Laws Committee. 

H.B. 765, a bill to make amendments to the law of escheats and unclaimed property. 
Referred to Judiciary II Committee. 

H.B. 804, a bill to exempt Wilkes County and the Towns of Ronda, Wilkesboro, and 
North Wilkesboro from certain notice requirements for the purpose of adopting or 
amending zoning ordinances for water supply watershed protection. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 814, a bill to provide that Mecklenburg County park rangers may act as special 
peace officers on property owned or leased by the City of Charlotte. 
Referred to Judiciary I Committee. 

H.B. 820, a bill amending the statutory definition of subdivision in Pasquotank 
County. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 879, a bill to allow the City of Oxford to make sidewalk assessments and assess 
without a petition. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 

H.B. 898, a bill to allow the Town of Cary to levy a motor vehicle tax of up to ten 
dollars. 

Referred to Local Government and Regional Affairs Committee and upon a 
favorable report, re-referred to the Finance Committee. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message is received from the House of Representatives transmitting the 
following resolution which is read the first time and disposed of, as follows: 

H. J.R. 833, a joint resolution honoring the life and memory of James Paul Tyndall, 
former member of the General Assembly. 

Referred to Rules and Operation of the Senate Committee. 



REPORT TO GENERAL ASSEMBLY 

Agencies directed to report to the General Assembly submit reports (see Addendum) 
which are ordered placed on file in the Legislative Library, as follows: 

Pursuant to Section 2 of Chapter 575 of the 1991 Session Laws, the Administrative 
Office of the Courts submits its Report on Pilot Program for Providing Indigent Defense 
through Contracts for Specialized Representation. 

The North Carolina Department of Revenue submits its Comparative Statement of Net 
Collections for the months of March 1993 and 1992. 



April 26, 1993 



348 SENATE JOURNAL [Session 

ENDORSEMENT WITHDRAWN 

S.B. 906, a bill to make various substantive amendments to the Workers' 
Compensation Act and to provide for the termination of a worker's compensation 
insurance policy when the employer fails to fully disclose certain information, referred to 
the Manufacturing and Labor Committee on April 19. 

With unanimous consent, Senator Martin of Pitt withdraws his endorsement of the 
bill. 

On motion of Senator Basnight, seconded by Senator Conder, the Senate adjourns at 
9:11 P.M. in memory of Raymond "Pete" M. Thompson, late Representative from 
Chowan County, who died on Friday, April 23, to meet tomorrow, Tuesday, April 27, at 
1:30 P.M. 



FIFTY-THIRD DAY 

Senate Chamber, 
Tuesday, April 27, 1993. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by Senator Howard N. Lee, as follows: 

"God, sometimes being a Senator can feel so awesome and overwhelming. Yes, it is a 
special privilege for which we have asked. This alone makes us special. Because we 
keep doing the same thing over and over again, because we are special, we should 
symbolize truth, honesty, sincerity, respect, commitment, dedication, and productivity. 
When You look at our lives and our work and our living, is it possible that You can be 
satisfied that we are as special as we sometimes feel we are ? If not , then keep us working 
toward trying to accomplish that goal. Help us to demonstrate all the qualities special 
people should demonstrate. 

"Help us to meet today's challenges and the challenges of tomorrow to ensure the 
quality of life for this generation and generations in the future. Time, sometimes, is not 
our ally, so help us keep on keeping on. All this we ask. Amen." 

Senator Soles, Deputy President Pro Tempore, announces the Journal of yesterday, 
Monday, April 26, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The Chair extends the courtesies of the floor to Henson P. Barnes, former Senator 
from Wayne County. 

With unanimous consent, on motion of Senator Sands, the remarks offered Monday, 
April 26, by Senator Basnight, President Pro Tempore, regarding the untimely death of 
Raymond "Pete" M. Thompson, the late Representative from Chowan County, on 
Friday, April 23, 1993, are spread upon the Journal as follows: 

"Mr. President, Members of this Body, I rise to speak about a person that has meant a 
great deal to myself, as well as all the people of the State of North Carolina. He was born 
some sixty-six years ago in Pasquotank County in the section of Weeksville. He left us 
this past Friday. 

"He left Weeksville, went on to further his education after graduation from high school 
at N. C. State University, a school that he greatly loved. 



April 27, 1993 



1993] SENATE JOURNAL 349 

"From there, he married 'Miss Carolyn,' they lived together for a number of years, 
had three wonderful children; Mark, who lives in San Diego now, graduated also from 
N. C. State as a mechanical engineer; he had two wonderful daughters, one, Gail, who 
lives here in Raleigh with her husband and her children, also another young lady by the 
name of Sherri, who lives in Bertie County, Frank, in the Merry Hill section. She was 
with her father on Friday, as she was with her mother when she passed away. 

"It is very tragic that it happened at all. Frank, he was very special to myself, and to 
all who knew him. He gave a lot to the people of this State. He was a person of great 
quality, a person I greatly admired. All of you who knew him, knew him to be a man of 
high character and of outstanding quality. He cared, not for himself. Pete loved others. 
He was a very simple, common man who only wished to see all do well. He'll be greatly 
missed by not just his family and his district, but he'll be missed, I know, by each and 
every Senator here, because you all knew Pete. He was Pete. He was wonderful, and 
God gave us a great opportunity to share this short period of time with him. Pete's a man 
that I'll never forget. He was a roommate; he was a companion and a colleague. He was 
truly one great member of this Assembly. 

"And, if I may, Mr. President, in honor of a very special person from my district, I 
move that we do now adjourn in honor of Pete, to reconvene on Tuesday, April 27, at 
1:30." 

REPORTS OF COMMITTEE 

Bills are reported from a standing committee, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Harris for the Pensions and Retirement Committee: 

S.B. 812, a bill to amend the law regarding the Supplemental Retirement Fund for 
Firefighters in the City of Hendersonville, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations Committee. 

S.B. 527, a bill to provide an increase to retirees of the Local Governmental 
Employees' Retirement System, the Teachers' and State Employees' Retirement 
System, the Consolidated Judicial Retirement System, and the Legislative Retirement 
System, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Harris, the proposed Committee Substitute bill 7669, which 
changes the title to read S.B. 527 (Committee Substitute), a bill to provide an increase 
to retirees of the Local Governmental Employees' Retirement System, the Teachers' and 
State Employees' Retirement System, the Consolidated Judicial Retirement System, and 
the Legislative Retirement System, and to increase the retirement formula with adjusting 
increase to retirees of the Teachers' and State Employees' Retirement System, is placed 
before the Senate for immediate consideration. 

On motion of Senator Harris, the Committee Substitute bill is adopted, and pursuant 
to Rule 43, is re-referred to the Appropriations Committee. 

INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Daniel, Plyler, Parnell, Conder,